Criminal Code — C-46 672.5
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. Hearing to be informal (2) The hearing may be conducted in as informal a manner as is appropriate in the circumstances. Attorneys General may be parties (3) On application, the court or Review Board shall designate as a party the Attorney General of the province where the disposition is to be made and, where an accused is transferred from another province, the Attorney General of the province from which the accused is transferred. Interested person may be a party (4) The court or Review Board may designate as a party any person who has a substantial interest in protecting the interests of the accused, if the court or Review Board is of the opinion that it is just to do so. Notice of hearing (5) Notice of the hearing shall be given to the parties, the Attorney General of the province where the disposition is to be made and, where the accused is transferred to another province, the Attorney General of the province from which the accused is transferred, within the time and in the manner prescribed, or within the time and in the manner fixed by the rules of the court or Review Board. Notice (5.1) 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. 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. Order excluding the public (6) Where the court or Review Board considers it to be in the best interests of the accused and not contrary to the public interest, the court or Review Board may order the public or any members of the public to be excluded from the hearing or any part of the hearing. Right to counsel (7) The accused or any other party has the right to be represented by counsel. Assigning counsel (8) If an accused is not represented by counsel, the court or Review Board shall, either before or at the time of the hearing, assign counsel to act for any accused (a) who has been found unfit to stand trial; or (b) wherever the interests of justice so require. Counsel fees and disbursements (8.1) Where counsel is assigned pursuant to subsection (8) and legal aid is not granted to the accused pursuant to a provincial legal aid program, the fees and disbursements of counsel shall be paid by the Attorney General to the extent that the accused is unable to pay them. Taxation of fees and disbursements (8.2) Where counsel and the Attorney General cannot agree on the fees or disbursements of counsel, the Attorney General or the counsel may apply to the registrar of the court and the registrar may tax the disputed fees and disbursements. Right of accused to be present (9) Subject to subsection (10), the accused has the right to be present during the whole of the hearing. Removal or absence of accused (10) The court or the chairperson of the Review Board may (a) permit the accused to be absent during the whole or any part of the hearing on such conditions as the court or chairperson considers proper; or (b) cause the accused to be removed and barred from re-entry for the whole or any part of the hearing (i) where the accused interrupts the hearing so that to continue in the presence of the accused would not be feasible, (ii) on being satisfied that failure to do so would likely endanger the life or safety of another person or would seriously impair the treatment or recovery of the accused, or (iii) in order to hear, in the absence