GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 672.83
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. (2) [Repealed, 2005, c. 22, s. 29] 1991, c. 43, s. 4; 1997, c. 18, s. 90; 2005, c. 22, ss. 29, 42(F)
Criminal Code — C-46 672.84
Review of finding — high-risk accused 672.84 (1) 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 subsection 672.51(1) and an assessment report made under an assessment ordered under paragraph 672.121(c), if it is satisfied that there is not a substantial likelihood that the accused  — whether found to be a high-risk accused under paragraph 672.64(1)(a) or (b)  —  will use violence that could endanger the life or safety of another person, refer the finding for review to the superior court of criminal jurisdiction. Review of conditions (2) If the Review Board is not so satisfied, it shall review the conditions of detention imposed under paragraph 672.54(c), subject to the restrictions set out in subsection 672.64(3). Review of finding by court (3) If the Review Board refers the finding to the superior court of criminal jurisdiction for review, the court shall, at the conclusion of a hearing, revoke the finding if the court is satisfied that there is not a substantial likelihood that the accused will use violence that could endanger the life or safety of another person, in which case the court or the Review Board shall make a disposition under any of paragraphs 672.54(a) to (c). Hearing and disposition (4) Any disposition referred to in subsection (3) is subject to sections 672.45 to 672.47 as if the revocation is a verdict. Review of conditions (5) If the court does not revoke the finding, it shall immediately send to the Review Board, in original or copied form, a transcript of the hearing, any other document or information related to the hearing, and all exhibits filed with it, if the transcript, document, information or exhibits are in its possession. The Review Board shall, as soon as practicable but not later than 45 days after the day on which the court decides not to revoke the finding, hold a hearing and review the conditions of detention imposed under paragraph 672.54(c), subject to the restrictions set out in subsection 672.64(3). Appeal (6) A decision under subsection (1) about referring the finding to the court for review and a decision under subsection (3) about revoking the finding are deemed to be dispositions for the purpose of sections 672.72 to 672.78. 1991, c. 43, s. 4; 2005, c. 22, s. 30; 2014, c. 6, s. 16
Criminal Code — C-46 672.85
Bringing accused before Review Board 672.85 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 contravention of a summons or warrant, 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, if the accused is not in custody, issue a summons or warrant to compel the accused to appear at the hearing at the time and place fixed for it. 1991, c. 43, s. 4; 2005, c. 22, ss. 32, 42(F)
Criminal Code — C-46 672.852
Appeal 672.852 (1) 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 be supported by the evidence. Effect (2) If the Court of Appeal allows the appeal, it may set aside the order for a stay of proceedings and restore the finding that the accused is unfit to stand trial and the disposition made in respect of the accused. 2005, c. 22, s. 33
Criminal Code — C-46 672.86
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 Attorney General of the province to which the accused is being transferred, or an officer authorized by that Attorney General, and the Attorney General of the province from which the accused is being transferred, or an officer authorized by that Attorney General, 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 if accused not in custody (2.1) An accused who is not detained in custody may be transferred to any other place in Canada where (a) the Review Board of the province from which the accused is being transferred recommends a transfer for the purpose of the reintegration of the accused into society or the recovery or treatment of the accused; and (b) the Attorney General of the province to which the accused is being transferred, or an officer authorized by that Attorney General, and the Attorney General of the province from which the accused is being transferred, or an officer authorized by that Attorney General, give their consent. Order (3) Where an accused is being transferred in accordance with subsection (2.1), the Review Board of the province from which the accused is being transferred shall, by order, (a) direct that the accused be taken into custody and transferred pursuant to a warrant under subsection (2); or (b) direct that the accused attend at a specified place in Canada, subject to any conditions that the Review Board of the province to or from which the accused is being transferred considers appropriate. 1991, c. 43, s. 4; 2005, c. 22, s. 34
Criminal Code — C-46 672.87
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
Criminal Code — C-46 672.88
Review Board of receiving province 672.88 (1) 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 mentioned in sections 672.5 and 672.81 to 672.84 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; 2014, c. 6, s. 17
Criminal Code — C-46 672.89
Other interprovincial transfers 672.89 (1) 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 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 672.84. 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; 2014, c. 6, s. 18
Criminal Code — C-46 672.9
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; 2005, c. 22, s. 35(F)
Criminal Code — C-46 672.91
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 assessment order or disposition or any condition of it, or is about to do so. 1991, c. 43, s. 4; 2005, c. 22, s. 36
Criminal Code — C-46 672.92
Release or delivery of accused subject to paragraph 672.54(b) disposition order 672.92 (1) If a peace officer arrests an accused under section 672.91 who is subject to a disposition made under paragraph 672.54(b) or an assessment order, the peace officer, as soon as practicable, may release the accused from custody and (a) issue a summons or appearance notice compelling the accused’s appearance before a justice; and (b) deliver the accused to the place specified in the disposition or assessment order. No release (2) A peace officer shall not release an accused under subsection (1) if the peace officer believes, on reasonable grounds, (a) that it is necessary in the public interest that the accused be detained in custody having regard to all the circumstances, including the need to (i) establish the identity of the accused, (ii) establish the terms and conditions of a disposition made under section 672.54 or of an assessment order, (iii) prevent the commission of an offence, or (iv) prevent the accused from contravening or failing to comply with the disposition or assessment order; (b) that the accused is subject to a disposition or an assessment order of a court, or Review Board, of another province; or (c) that, if the accused is released from custody, the accused will fail to attend, as required, before a justice. Accused to be brought before justice (3) If a peace officer does not release the accused, the accused 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. Accused subject to paragraph 672.54(c) disposition order (4) If a peace officer arrests an accused under section 672.91 who is subject to a disposition under paragraph 672.54(c), the accused 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. Justice not available (5) If a justice described in subsection (3) or (4) is not available within twenty-four hours after the arrest, the accused shall be taken before a justice as soon as practicable. 1991, c. 43, s. 4; 2005, c. 22, s. 36
Criminal Code — C-46 672.93
Where justice to release accused 672.93 (1) A justice shall release an accused who is brought before the justice under 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 or an assessment order. Notice (1.1) If the justice releases the accused, notice shall be given to the court or Review Board, as the case may be, that made the disposition or assessment order. 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 or an assessment order, the justice, pending a hearing of a Review Board with respect to the disposition or a hearing of a court or Review Board with respect to the assessment order, may make an order that is appropriate in the circumstances in relation to the accused, including an order that the accused be returned to a place that is specified in the disposition or assessment order. If the justice makes an order under this subsection, notice shall be given to the court or Review Board, as the case may be, that made the disposition or assessment order. 1991, c. 43, s. 4; 2005, c. 22, s. 36
Criminal Code — C-46 672.94
Powers of Review Board 672.94 Where a Review Board receives a notice given under subsection 672.93(1.1) or (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; 2005, c. 22, s. 36
Criminal Code — C-46 672.95
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
Criminal Code — C-46 673
Definitions 673 In this Part, court of appeal means the court of appeal, as defined by the definition court of appeal in section 2, for the province or territory in which the trial of a person by indictment is held; ( cour d’appel ) indictment includes an information or charge in respect of which a person has been tried for an indictable offence under Part XIX; ( acte d’accusation ) registrar means the registrar or clerk of the court of appeal; ( registraire ) sentence includes (a) a declaration made under subsection 199(3), (b) an order made under subsection 109(1) or 110(1), section 161, subsection 164.2(1) or 194(1), section 320.24 or 462.37, subsection 491.1(2), 730(1) or 737(2.1) or (3) or section 738, 739, 742.1, 742.3, 743.6, 745.4 or 745.5, (c) a disposition made under section 731 or 732 or subsection 732.2(3) or (5), 742.4(3) or 742.6(9), (d) an order made under subsection 16(1) of the Controlled Drugs and Substances Act , and (e) an order made under subsection 94(1) of the Cannabis Act ; ( sentence , peine ou condamnation ) trial court means the court by which an accused was tried and includes a judge or a provincial court judge acting under Part XIX. ( tribunal de première instance ) R.S., 1985, c. C-46, s. 673; R.S., 1985, c. 27 (1st Supp.), ss. 138, 203, c. 23 (4th Supp.), s. 4, c. 42 (4th Supp.), s. 4; 1992, c. 1, s. 58; 1993, c. 45, s. 10; 1995, c. 22, s. 5, c. 39, ss. 155, 190; 1996, c. 19, s. 74; 1999, c. 5, ss. 25, 51, c. 25, ss. 13, 31(Preamble); 2002, c. 13, s. 63; 2005, c. 22, ss. 38, 45; 2006, c. 14, s. 6; 2013, c. 11, s. 2; 2018, c. 16, s. 220, c. 21, s. 21 2019, c. 25, s. 278 2022, c. 17, s. 41
Criminal Code — C-46
court of appeal means the court of appeal, as defined by the definition court of appeal in section 2, for the province or territory in which the trial of a person by indictment is held; ( cour d’appel )
Criminal Code — C-46
indictment includes an information or charge in respect of which a person has been tried for an indictable offence under Part XIX; ( acte d’accusation )
Criminal Code — C-46
registrar means the registrar or clerk of the court of appeal; ( registraire )
Criminal Code — C-46 (a)
sentence includes (a) a declaration made under subsection 199(3), (b) an order made under subsection 109(1) or 110(1), section 161, subsection 164.2(1) or 194(1), section 320.24 or 462.37, subsection 491.1(2), 730(1) or 737(2.1) or (3) or section 738, 739, 742.1, 742.3, 743.6, 745.4 or 745.5, (c) a disposition made under section 731 or 732 or subsection 732.2(3) or (5), 742.4(3) or 742.6(9), (d) an order made under subsection 16(1) of the Controlled Drugs and Substances Act , and (e) an order made under subsection 94(1) of the Cannabis Act ; ( sentence , peine ou condamnation )
Criminal Code — C-46
trial court means the court by which an accused was tried and includes a judge or a provincial court judge acting under Part XIX. ( tribunal de première instance )
Criminal Code — C-46 674
Procedure abolished 674 No proceedings other than those authorized by this Part and Part XXVI shall be taken by way of appeal in proceedings in respect of indictable offences. R.S., c. C-34, s. 602
Criminal Code — C-46 676
Right of Attorney General to appeal 676 (1) The Attorney General or counsel instructed by him for the purpose may appeal to the court of appeal (a) against a judgment or verdict of acquittal or a verdict of not criminally responsible on account of mental disorder of a trial court in proceedings by indictment on any ground of appeal that involves a question of law alone; (b) against an order of a superior court of criminal jurisdiction that quashes an indictment or in any manner refuses or fails to exercise jurisdiction on an indictment; (c) against an order of a trial court that stays proceedings on an indictment or quashes an indictment; or (d) with leave of the court of appeal or a judge thereof, against the sentence passed by a trial court in proceedings by indictment, unless that sentence is one fixed by law. Summary conviction appeals (1.1) The Attorney General or counsel instructed by the Attorney General may appeal, pursuant to subsection (1), with leave of the court of appeal or a judge of that court, to that court in respect of a verdict of acquittal in a summary offence proceeding or a sentence passed with respect to a summary conviction as if the summary offence proceeding was a proceeding by indictment if (a) there has not been an appeal with respect to the summary conviction; (b) the summary conviction offence was tried with an indictable offence; and (c) there is an appeal in respect of the indictable offence. Acquittal (2) For the purposes of this section, a judgment or verdict of acquittal includes an acquittal in respect of an offence specifically charged where the accused has, on the trial thereof, been convicted or discharged under section 730 of any other offence. Appeal against verdict of unfit to stand trial (3) The Attorney General or counsel instructed by the Attorney General for the purpose may appeal to the court of appeal against a verdict that an accused is unfit to stand trial, on any ground of appeal that involves a question of law alone. Appeal against ineligible parole period (4) The Attorney General or counsel instructed by him for the purpose may appeal to the court of appeal in respect of a conviction for second degree murder, against the number of years of imprisonment without eligibility for parole, being less than twenty-five, that has been imposed as a result of that conviction. Appeal against decision not to make section 743.6 order (5) The Attorney General or counsel instructed by the Attorney General for the purpose may appeal to the court of appeal against the decision of the court not to make an order under section 743.6. Appeal against decision not to make s. 745.51(1) order (6) The Attorney General or counsel instructed by the Attorney General for the purpose may appeal to the court of appeal against the decision of the court not to make an order under subsection 745.51(1). R.S., 1985, c. C-46, s. 676; R.S., 1985, c. 27 (1st Supp.), s. 139, c. 1 (4th Supp.), s. 18(F); 1991, c. 43, s. 9; 1995, c. 22, s. 10, c. 42, s. 74; 1997, c. 18, s. 93; 2002, c. 13, s. 65; 2008, c. 18, s. 28; 2011, c. 5, s. 3
Criminal Code — C-46 676.1
Appeal re costs 676.1 A party who is ordered to pay costs may, with leave of the court of appeal or a judge of a court of appeal, appeal the order or the amount of costs ordered. 1997, c. 18, s. 94
Criminal Code — C-46 677
Specifying grounds of dissent 677 Where a judge of the court of appeal expresses an opinion dissenting from the judgment of the court, the judgment of the court shall specify any grounds in law on which the dissent, in whole or in part, is based. R.S., 1985, c. C-46, s. 677; 1994, c. 44, s. 67
Criminal Code — C-46 678
Notice of appeal 678 (1) An appellant who proposes to appeal to the court of appeal or to obtain the leave of that court to appeal shall give notice of appeal or notice of his application for leave to appeal in such manner and within such period as may be directed by rules of court. Extension of time (2) The court of appeal or a judge thereof may at any time extend the time within which notice of appeal or notice of an application for leave to appeal may be given. R.S., c. C-34, s. 607; 1972, c. 13, s. 53; 1974-75-76, c. 105, s. 16
Criminal Code — C-46 678.1
Service where respondent cannot be found 678.1 Where a respondent cannot be found after reasonable efforts have been made to serve the respondent with a notice of appeal or notice of an application for leave to appeal, service of the notice of appeal or the notice of the application for leave to appeal may be effected substitutionally in the manner and within the period directed by a judge of the court of appeal. R.S., 1985, c. 27 (1st Supp.), s. 140; 1992, c. 1, s. 60(F)
Criminal Code — C-46 679
t of Canada in summary conviction proceedings. (9) [Repealed, 2019, c. 25, s. 279] Directions for expediting appeal, new trial, etc. (10) A judge of the court of appeal, where on the application of an appellant he does not make an order under subsection (5) or where he cancels an order previously made under this section, or a judge of the Supreme Court of Canada on application by an appellant in the case of an appeal to that Court, may give such directions as he thinks necessary for expediting the hearing of the appellant’s appeal or for expediting the new trial or new hearing or the hearing of the reference, as the case may be. R.S., 1985, c. C-46, s. 679; R.S., 1985, c. 27 (1st Supp.), s. 141; 1997, c. 18, s. 95; 1999, c. 25, s. 14(Preamble); 2002, c. 13, s. 66 2019, c. 25, s. 279
Criminal Code — C-46 680
Review by court of appeal 680 (1) A decision made by a judge under section 522, a decision made under subsections 524(3) to (5) with respect to an accused referred to in paragraph 524(1)(a) or a decision made by a judge of the court of appeal under section 320.25 or 679 may, on the direction of the chief justice or acting chief justice of the court of appeal, be reviewed by that court and that court may, if it does not confirm the decision, (a) vary the decision; or (b) substitute another decision that, in its opinion, should have been made. Single judge acting (2) On consent of the parties, the powers of the court of appeal under subsection (1) may be exercised by a judge of that court. Enforcement of decision (3) A decision as varied or substituted under this section shall have effect and may be enforced in all respects as though it were the decision originally made. R.S., 1985, c. C-46, s. 680; R.S., 1985, c. 27 (1st Supp.), s. 142; 1994, c. 44, s. 68; 2018, c. 21, s. 22 2019, c. 25, s. 280 2019, c. 25, s. 402 2022, c. 17, s. 42