This part of the Criminal Code is quite boring. I suggest ignoring it unless you actually need to look up the information. It's also long, I'll have to split it into two parts, of which this is the 2nd.
Part XX.1: Section 1 of 2
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Index
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 a disposition.
Disposition information to be made available to parties
(2) Subject to this section, all disposition information shall be made available for inspection by, and the court or Review Board shall provide a copy of it to, each party and any counsel representing the accused.
Exception where disclosure dangerous to any person
(3) The court or Review Board shall withhold some or all of the disposition information from an accused where it is satisfied, on the basis of that information and the evidence or report of the medical practitioner responsible for the assessment or treatment of the accused, that disclosure of the information would be likely to endanger the life or safety of another person or would seriously impair the treatment or recovery of the accused.
Idem
(4) Notwithstanding subsection (3), the court or Review Board may release some or all of the disposition information to an accused where the interests of justice make disclosure essential in its opinion.
Exception where disclosure unnecessary or prejudicial
(5) The court or Review Board shall withhold disposition information from a party other than the accused or an Attorney General, where disclosure to that party, in the opinion of the court or Review Board, is not necessary to the proceeding and may be prejudicial to the accused.
Exclusion of certain persons from hearing
(6) A court or Review Board that withholds disposition information from the accused or any other party pursuant to subsection (3) or (5) shall exclude the accused or the other party, as the case may be, from the hearing during
(a) the oral presentation of that disposition information; or
(b) the questioning by the court or Review Board or the cross-examination of any person concerning that disposition information.
Prohibition of disclosure in certain cases
(7) No disposition information shall be made available for inspection or disclosed to any person who is not a party to the proceedings
(a) where the disposition information has been withheld from the accused or any other party pursuant to subsection (3) or (5); or
(b) where the court or Review Board is of the opinion that disclosure of the disposition information would be seriously prejudicial to the accused and that, in the circumstances, protection of the accused takes precedence over the public interest in disclosure.
Idem
(8) No part of the record of the proceedings in respect of which the accused was excluded pursuant to subparagraph 672.5(10)(b)(ii) or (iii) shall be made available for inspection to the accused or to any person who is not a party to the proceedings.
Information to be made available to specified persons
(9) Notwithstanding subsections (7) and (8), the court or Review Board may make any disposition information, or a copy of it, available on request to any person or member of a class of persons
(a) that has a valid interest in the information for research or statistical purposes, where the court or Review Board is satisfied that disclosure is in the public interest;
(b) that has a valid interest in the information for the purposes of the proper administration of justice; or
(c) that the accused requests or authorizes in writing to inspect it, where the court or Review Board is satisfied that the person will not disclose or give to the accused a copy of any disposition information withheld from the accused pursuant to subsection (3), or of any part of the record of proceedings referred to in subsection (8), or that the reasons for withholding that information from the accused no longer exist.
Disclosure for research or statistical purposes
(10) A person to whom the court or Review Board makes disposition information available under paragraph (9)(a) may disclose it for research or statistical purposes, but not in any form or manner that could reasonably be expected to identify any person to whom it relates.
Prohibition on publication
(11) No person shall publish in any newspaper within the meaning of section 297 or broadcast
(a) any disposition information that is prohibited from being disclosed pursuant to subsection (7); or
(b) any part of the record of the proceedings in respect of which the accused was excluded pursuant to subparagraph 672.5(10)(b)(ii) or (iii).
Powers of courts not limited
(12) Except as otherwise provided in this section, nothing in this section limits the powers that a court may exercise apart from this section.
1991, c. 43, s. 4; 1997, c. 18, s. 85.
Record of proceedings
672.52 (1) 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.
Transmittal of transcript to Review Board
(2) Where a court makes a disposition, it shall send without delay a transcript of the disposition hearing, any document or information relating thereto in the possession of the court, and all exhibits filed with the court or copies of those exhibits, to the Review Board that has jurisdiction in respect of the matter.
Reasons for disposition and copies to be provided
(3) The court or Review Board shall state its reasons for making a disposition in the record of the proceedings, and shall provide every party with a copy of the disposition and those reasons.
1991, c. 43, s. 4.
Proceedings not invalid
672.53 Any procedural irregularity in relation to a disposition hearing does not affect the validity of the hearing unless it causes the accused substantial prejudice.
1991, c. 43, s. 4.
Dispositions by a Court or Review Board
Terms of Dispositions
Dispositions that may be made
672.54 Where a court or Review Board makes a disposition pursuant to subsection 672.45(2) or section 672.47, it shall, taking into consideration the need to protect the public from dangerous persons, 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 the least onerous and least restrictive to the accused:
(a) where a verdict of not criminally responsible on account of mental disorder has been rendered in respect of the accused and, in the opinion of the court or Review Board, the accused is not a significant threat to the safety of the public, by order, direct that the accused be discharged absolutely;
(b) by order, direct that the accused be discharged subject to such conditions as the court or Review Board considers appropriate; or
(c) by order, direct that the accused be detained in custody in a hospital, subject to such conditions as the court or Review Board considers appropriate.
1991, c. 43, s. 4.
Victim impact statement
672.541 When 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 or 672.47, take into consideration any statement filed 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.
1999, c. 25, s. 12(Preamble).
Treatment not a condition
672.55 (1) 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 may include a condition regarding psychiatric or other treatment where the accused has consented to the condition and the court or Review Board considers the condition to be reasonable and necessary in the interests of the accused.
Effective period of disposition
(2) No disposition made under paragraph 672.54(c) by a court shall continue in force for more than ninety days after the day that it is made.
1991, c. 43, s. 4; 1997, c. 18, s. 86.
Delegated authority to vary restrictions on liberty of accused
672.56 (1) 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 liberty of the accused be increased or decreased within any limits and subject to any conditions set out in that disposition, and any direction so made is deemed for the purposes of this Act to be a disposition made by the Review Board.
Notice to accused and Review Board of increase in restrictions
(2) A person who increases the restrictions on the liberty of the accused significantly pursuant to authority delegated to the person by a Review Board shall
(a) make a record of the increased restrictions on the file of the accused; and
(b) give notice of the increase as soon as is practicable to the accused and, if the increased restrictions remain in force for a period exceeding seven days, to the Review Board.
1991, c. 43, s. 4.
Warrant of committal
672.57 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.
1991, c. 43, s. 4.
Treatment disposition
672.58 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, direct that treatment of the accused be carried out for a specified period not exceeding sixty days, subject to such conditions as the court considers appropriate and, where the accused is not detained in custody, direct that the accused submit to that treatment by the person or at the hospital specified.
1991, c. 43, s. 4.
Criteria for disposition
672.59 (1) 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 for the purpose of making the accused fit to stand trial.
Evidence required
(2) The testimony required by the court for the purposes of subsection (1) shall include a statement that the medical practitioner has made an assessment of the accused and is of the opinion, based on the grounds specified, that
(a) the accused, at the time of the assessment, was unfit to stand trial;
(b) the psychiatric treatment and any other related medical treatment specified by the medical practitioner will likely make the accused fit to stand trial within a period not exceeding sixty days and that without that treatment the accused is likely to remain unfit to stand trial;
(c) the risk of harm to the accused from the psychiatric and other related medical treatment specified is not disproportionate to the benefit anticipated to be derived from it; and
(d) the psychiatric and other related medical treatment specified is the least restrictive and least intrusive treatment that could, in the circumstances, be specified for the purpose referred to in subsection (1), considering the opinions referred to in paragraphs (b) and (c).
1991, c. 43, s. 4.
Notice required
672.6 (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.
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.
Exception
672.61 (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.
Definitions
(2) In this section,
"electro-convulsive therapy" « sismothérapie »
"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;
"psychosurgery" « psychochirurgie »
"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.
1991, c. 43, s. 4.
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.
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.
Effective date of disposition
672.63 A disposition shall come into force on the day that it is made or on any later day that the court or Review Board specifies in it, and shall remain in force until the date of expiration that the disposition specifies or until the Review Board holds a hearing pursuant to section 672.47 or 672.81.
1991, c. 43, s. 4.
Capping of Dispositions
672.64 to 672.66 Not in force
Dual Status Offenders
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.
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 except a hospital order, as defined in section 747, pending any placement decision by the Review Board.
1991, c. 43, s. 4; 1995, c. 22, s. 10.
Definition of "Minister"
672.68 (1) In this section and in sections 672.69 and 672.7, "Minister" means the Solicitor General of Canada 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.
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.
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.
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.
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.
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.
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.
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.
Minister shall be a party
(4) The Minister shall be a party in any proceedings relating to the placement of a dual status offender.
1991, c. 43, s. 4.
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.
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.
1991, c. 43, s. 4.
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.
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.
1991, c. 43, s. 4; 1995, c. 22, s. 10.
Appeals
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.
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.
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.
1991, c. 43, s. 4; 1997, c. 18, s. 88.
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.
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.
1991, c. 43, s. 4.
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.
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.
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.
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.
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.
1991, c. 43, s. 4.
Automatic suspension of certain dispositions
672.75 The filing of a notice of appeal against a disposition made under paragraph 672.54(a) or section 672.58 suspends the application of the disposition pending the determination of the appeal.
1991, c. 43, s. 4.
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.
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 paragraph 672.54(a) or section 672.58 be carried out pending the determination of the appeal, notwithstanding section 672.75;
(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.
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.
1991, c. 43, s. 4.
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).
1991, c. 43, s. 4.
Powers of court of appeal
672.78 (1) 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
(a) it is unreasonable or cannot be supported by the evidence;
(b) it is based on a wrong decision on a question of law; or
(c) there was a miscarriage of justice.
Idem
(2) The court of appeal may dismiss an appeal against a disposition or placement decision where the court is of the opinion
(a) that paragraphs (1)(a), (b) and (c) do not apply; or
(b) that paragraph (1)(b) may apply, but the court finds that no substantial wrong or miscarriage of justice has occurred.
Orders that the court may make
(3) Where the court of appeal allows an appeal against a disposition or placement decision, it may
(a) make any disposition under section 672.54 or any placement decision that the Review Board could have made;
(b) refer the matter back to the court or Review Board for re-hearing, in whole or in part, in accordance with any directions that the court of appeal considers appropriate; or
(c) make any other order that justice requires.
1991, c. 43, s. 4; 1997, c. 18, s. 89.
Appeal by dangerous mentally disordered accused
672.79 (1) Where a court finds an accused to be a dangerous mentally disordered accused and increases the cap applicable to the accused pursuant to section 672.65, the accused may appeal to the court of appeal against the increase in the cap on any ground of law or fact or mixed law and fact.
Disposition of appeal
(2) On an appeal by an accused under subsection (1), the court of appeal may
(a) quash any increase in the cap and impose any other cap that might have been imposed in respect of the offence, or order a new hearing; or
(b) dismiss the appeal.
1991, c. 43, s. 4.
Appeal by Attorney General
672.8 (1) The Attorney General may appeal against the dismissal of an application for a finding that the accused is a dangerous mentally disordered accused on any ground of law.
Disposition of appeal
(2) On an appeal by the Attorney General under subsection (1), the court of appeal may
(a) allow the appeal, designate the accused as a dangerous mentally disordered accused, and increase the cap in respect of the offence to a maximum of life, or order a new hearing; or
(b) dismiss the appeal.
Part XXI applies to appeal
(3) The provisions of Part XXI with respect to procedure on appeals apply, with such modifications as the circumstances require, to appeals under this section or section 672.79.
1991, c. 43, s. 4.
Review of Dispositions
Mandatory review of dispositions
672.81 (1) 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 disposition that it has made in respect of an accused, other than an absolute discharge under paragraph 672.54(a).
Additional mandatory reviews in custody cases
(2) The Review Board shall hold a hearing to review any disposition made under paragraph 672.54(b) or (c) as soon as is practicable after receiving notice that the person in charge of the place where the accused is detained or directed to attend
(a) has increased the restrictions on the liberty of the accused significantly for a period exceeding seven days; or
(b) requests a review of the disposition.
Idem
(3) Where an accused is detained in custody pursuant to a disposition made under paragraph 672.54(c) and a sentence of imprisonment is subsequently imposed on the accused in respect of another offence, the Review Board shall hold a hearing to review the disposition as soon as is practicable after receiving notice of that sentence.
1991, c. 43, s. 4.
Discretionary review on request
672.82 (1) A Review Board may hold a hearing to review any of its dispositions at any time, at the request of the accused or any other party.
Review cancels appeal
(2) Where a party requests a review of a disposition under this section, the party is deemed to abandon any appeal against the disposition taken under section 672.72.
1991, c. 43, s. 4.
Disposition by Review Board
672.83 (1) 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 disposition made in respect of the accused and make any other disposition that the Review Board considers to be appropriate in the circumstances.
Certain provisions applicable
(2) Subsection 672.52(3), and sections 672.64 and 672.71 to 672.82 apply to a disposition made under this section, with such modifications as the circumstances require.
1991, c. 43, s. 4; 1997, c. 18, s. 90.
Procedure for review
672.84 The Review Board shall hold a hearing to review a disposition under section 672.81 or 672.82 in accordance with the procedures described in section 672.5.
1991, c. 43, s. 4.
Bringing accused before Review Board
672.85 For the purpose of bringing the accused in respect of whom a hearing under section 672.81 is to be held before the Review Board, the chairperson
(a) shall order the person having custody of the accused to bring the accused to the hearing at the time and place fixed for it; or
(b) may issue a summons or warrant to compel the accused to appear at the time and place fixed for the hearing, if the accused is not in custody.
1991, c. 43, s. 4.
Interprovincial Transfers
Interprovincial transfers
672.86 (1) 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 transferred to any other place in Canada where
(a) the Review Board of the province where the accused is detained or directed to attend recommends a transfer for the purpose of the reintegration of the accused into society or the recovery, treatment or custody of the accused; and
(b) the Attorneys General of the provinces to and from which the accused is to be transferred give their consent.
Transfer where accused in custody
(2) Where an accused who is detained in custody is to be transferred, an officer authorized by the Attorney General of the province where the accused is being detained shall sign a warrant specifying the place in Canada to which the accused is to be transferred.
Transfer where accused not in custody
(3) Where an accused who is not detained in custody is to be transferred, the Review Board of the province where the accused is directed to attend shall, by order,
(a) direct that the accused be taken into custody and transferred pursuant to a warrant described in subsection (2); or
(b) direct the accused to attend at a specified place in Canada, subject to any conditions that the Review Board considers appropriate.
1991, c. 43, s. 4.
Delivery and detention of accused
672.87 A warrant described in subsection 672.86(2) is sufficient authority
(a) for any person who is responsible for the custody of an accused to have the accused taken into custody and conveyed to the person in charge of the place specified in the warrant; and
(b) for the person specified in the warrant to detain the accused in accordance with any disposition made in respect of the accused under paragraph 672.54(c).
1991, c. 43, s. 4.
Review Board of receiving province has jurisdiction over transferee
672.88 (1) The Review Board of the province to which an accused is transferred pursuant to section 672.86 has exclusive jurisdiction over the accused, and may exercise the powers and shall perform the duties mentioned in sections 672.5 and 672.81 to 672.83 as if that Review Board had made the disposition in respect of the accused.
Agreement
(2) Notwithstanding subsection (1), the Attorney General of the province to which an accused is transferred may enter into an agreement subject to this Act with the Attorney General of the province from which the accused is transferred, enabling the Review Board of that province to exercise the powers and perform the duties referred to in subsection (1) in respect of the accused, in the circumstances and subject to the terms and conditions set out in the agreement.
1991, c. 43, s. 4.
Other interprovincial transfers
672.89 (1) Where an accused who is detained in custody pursuant to a disposition made by a Review Board is transferred to another province otherwise than pursuant to section 672.86, the Review Board of the province from which the accused is transferred has exclusive jurisdiction over the accused and may continue to exercise the powers and shall continue to perform the duties mentioned in sections 672.5 and 672.81 to 672.83.
Agreement
(2) Notwithstanding subsection (1), the Attorneys General of the provinces to and from which the accused is to be transferred as described in that subsection may, after the transfer is made, enter into an agreement subject to this Act, enabling the Review Board of the province to which an accused is transferred to exercise the powers and perform the duties referred to in subsection (1) in respect of the accused, subject to the terms and conditions and in the circumstances set out in the agreement.
1991, c. 43, s. 4.
Enforcement of Orders and Regulations
Execution of warrant anywhere in Canada
672.9 Any warrant or process issued in relation to an assessment order or disposition made in respect of an accused may be executed or served in any place in Canada outside the province where the order or disposition was made as if it had been issued in that province.
1991, c. 43, s. 4; 1997, c. 18, s. 91.
Arrest without warrant for contravention of disposition
672.91 A peace officer may arrest an accused without a warrant at any place in Canada if the peace officer has reasonable grounds to believe that the accused has contravened or wilfully failed to comply with the disposition or any condition of it, or is about to do so.
1991, c. 43, s. 4.
Accused to be brought before justice
672.92 (1) An accused who is arrested pursuant to section 672.91 shall be taken before a justice having jurisdiction in the territorial division in which the accused is arrested, without unreasonable delay and in any event within twenty-four hours after the arrest.
Idem
(2) If a justice described in subsection (1) is not available within twenty-four hours after the arrest, the accused shall be taken before a justice as soon as is practicable.
1991, c. 43, s. 4.
Where justice to release accused
672.93 (1) A justice shall release an accused who is brought before the justice pursuant to section 672.92 unless the justice is satisfied that there are reasonable grounds to believe that the accused has contravened or failed to comply with a disposition.
Order of justice pending decision of Review Board
(2) If the justice is satisfied that there are reasonable grounds to believe that the accused has contravened or failed to comply with a disposition, the justice may make an order that is appropriate in the circumstances in relation to the accused, pending a hearing of the Review Board of the province where the disposition was made, and shall cause notice of that order to be given to that Review Board.
1991, c. 43, s. 4.
Powers of Review Board
672.94 Where a Review Board receives a notice given pursuant to subsection 672.93(2), it may exercise the powers and shall perform the duties mentioned in sections 672.5 and 672.81 to 672.83 as if the Review Board were reviewing a disposition.
1991, c. 43, s. 4.
Regulations
672.95 The Governor in Council may make regulations
(a) prescribing anything that may be prescribed under this Part; and
(b) generally to carry out the purposes and provisions of this Part.
1991, c. 43, s. 4.
Part XX.1: Section 1 of 2
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Part XXI
Appeals--Indictable Offences
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