The sections of the Criminal Code that concern you
Sections of the Criminal Code
These sections are written in a very specialized language that is not easy to understand unless you are a legal expert. To help you better understand the content, we have provided a simplified version.
If you so request, the CETM is obligated to send you the sections of the Criminal Code that concern you.
Important:
Some of the information in the original content is not included in the simplified version. We chose to present only the information that applies to you.
Consequently, the simplified text has no legal value.
672.5 (1)
Original content
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.
Simplified content
The following rules apply to CETM hearings.
672.5 (5.1)
Original content
At the victim’s request, notice of the hearing and of the relevant provisions of the Act shall be given to the victim within the time and in the manner fixed by the rules of the court or Review Board.
Simplified content
Information to be received from the CETM
At the victim’s request, the CETM must provide them with:
- notice of the hearing*
- the sections of the Criminal Code that concern them.
* This notice includes the date, time and place of the hearing.
672.5 (5.2)
Original content
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.
Simplified content
Information to be received from the CETM
At the victim’s request, the CETM must inform them of:
- the release of the accused, with or without conditions
- the accused’s intended place of residence.
672.5 (13.2)
Original content
On receiving an assessment report, the court or Review Board shall determine whether, since the last time the disposition in respect of the accused was made or reviewed there has been any change in the mental condition of the accused that may provide grounds for the discharge of the accused under paragraph 672.54(a) or (b) and, if there has been such a change, the court or Review Board shall notify every victim of the offence that they are entitled to file a statement in accordance with subsection (14).
Simplified content
Release with or without conditions – Victim impact statement
If the accused’s mental state has improved to such an extent as to justify their release with or without conditions, the CETM must inform the victim of their right to submit a victim impact statement describing the consequences of the crime.
* This section refers solely to cases where the accused has been found not criminally responsible.
672.5 (13.3)
Original content
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).
Simplified content
Review of finding that accused is high-risk – Victim impact statement
The CETM may refer a file to the Superior Court to review the finding that an accused is high-risk.
The CETM must then notify the victim of their right to submit a victim impact statement describing the consequences of the crime.
672.5 (14)
Original content
A victim of the offence may prepare and file with the court or Review Board a written statement describing the physical or emotional harm, property damage or economic loss suffered by the victim as the result of the commission of the offence and the impact of the offence on the victim. Form 48.2 in Part XXVIII, or a form approved by the lieutenant governor in council of the province in which the court or Review Board is exercising its jurisdiction, must be used for this purpose.
Simplified content
Victim impact statement
The victim may prepare a victim impact statement describing the physical or emotional harm, property damage or economic loss they suffered as a result of the crime.
The statement must be prepared using the Victim impact statement form, which must then be submitted to the CETM.
672.5 (15)
Original content
The court or Review Board shall ensure that a copy of any statement filed in accordance with subsection (14) is provided to the accused or counsel for the accused, and the prosecutor, as soon as practicable after a verdict of not criminally responsible on account of mental disorder is rendered in respect of the offence.
Simplified content
Copy of the victim impact statement
672.5 (15.1)
Original content
The court or Review Board shall, at the request of a victim, permit the victim to read a statement prepared and filed in accordance with subsection (14), or to present the statement in any other manner that the court or Review Board considers appropriate, unless the court or Review Board is of the opinion that the reading or presentation of the statement would interfere with the proper administration of justice.
Simplified content
Reading of the victim impact statement
At the request of the victim, the CETM must allow them to read their victim impact statement during the hearing. The victim may also present their statement in some other manner.
The CETM may, however, refuse the victim’s request.
672.5 (15.2)
Original content
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).
Simplified content
Possibility of preparing a victim impact statement
- the prosecutor
- the victim
- any person representing the victim.
672.5 (15.3)
Original content
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.
Simplified content
Adjournment of the hearing
- the CETM itself
- the victim
- the prosecutor.
672.54
Original content
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:
(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.
Simplified content
Factors taken into account by the CETM in making its decision
- public safety (the most important factor)
- the mental state of the accused
- their social rehabilitation
- their other needs.
- be released without conditions (this decision is possible only if the accused has been found not criminally responsible and the CETM is convinced that they do not pose a significant threat to public safety)
- be released subject to conditions to be respected
- be detained in a designated hospital, with or without conditions.
672.5401
Original content
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.
Simplified content
Significant risk to public safety
What constitutes a significant risk to public safety?
It is the risk of serious physical or psychological harm to members of the public resulting from conduct of a criminal nature on the part of the accused.
This conduct does not necessarily have to be violent, but the risk must be significant and real.
Who are the members of the public?
Members of the public includes:
victims
witnesses
anyone under 18.
672.541
Original content
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).
Simplified content
Victim impact statement
The CETM must take the victim impact statement into consideration in making its decisions.
672.542
Original content
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.
Simplified content
Conditions that the CETM can impose to ensure everyone’s safety and security
The CETM must evaluate whether it is desirable to impose certain conditions to ensure everyone’s security, especially that of:
- victims
- witnesses
- persons associated with the justice system (such as lawyers, judges, etc.).
The CETM can impose the following conditions on the accused to ensure everyone’s security:
The accused may not communicate—directly or indirectly—with certain persons.
The accused may not go to certain specified locations (such as the victim’s home or place of work or study).
The CETM may also impose any other conditions it considers necessary to ensure the safety of the above persons.
