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Hospital Orders |
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| Definitions
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747. In this section and sections 747.1 to
747.8,
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| ``assessment
report'' « rapport d'évaluation »
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``assessment report'' means a written report
made pursuant to an assessment order made
under section 672.11 by a psychiatrist who
is entitled under the laws of a province to
practise psychiatry or, where a psychiatrist
is not practicably available, by a medical
practitioner;
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| ``hospital
order'' « ordonnance de détention dans un hôpital »
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``hospital order'' means an order by a court
under section 747.1 that an offender be
detained in a treatment facility;
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| ``medical
practitioner'' « médecin »
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``medical practitioner'' means a person who is
entitled to practise medicine by the laws of
a province;
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| ``treatment
facility'' « centre de soins »
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``treatment facility'' means any hospital or
place for treatment of the mental disorder of
an offender, or a place within a class of such
places, designated by the Governor in
Council, the lieutenant governor in council
of the province in which the offender is
sentenced or a person to whom authority
has been delegated in writing for that
purpose by the Governor in Council or that
lieutenant governor in council.
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| Court may
make a
hospital order
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747.1 (1) A court may order that an offender
be detained in a treatment facility as the initial
part of a sentence of imprisonment where it
finds, at the time of sentencing, that the
offender is suffering from a mental disorder in
an acute phase and the court is satisfied, on the
basis of an assessment report and any other
evidence, that immediate treatment of the
mental disorder is urgently required to prevent
further significant deterioration of the mental
or physical health of the offender, or to prevent
the offender from causing serious bodily harm
to any person.
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| Limitation on
hospital order
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(2) A hospital order shall be for a single
period of treatment not exceeding sixty days,
subject to any terms and conditions that the
court considers appropriate.
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| Form
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(3) A hospital order may be in Form 51.
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| Warrant of
committal
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(4) A court that makes a hospital order shall
issue a warrant for committal of the offender,
which may be in Form 8.
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| Recommende
d treatment
facility
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747.2 (1) In a hospital order, the court shall
specify that the offender be detained in a
particular treatment facility recommended by
the central administration of any penitentiary,
prison or other institution to which the
offender has been sentenced to imprisonment,
unless the court is satisfied, on the evidence of
a medical practitioner, that serious harm to the
mental or physical health of the offender
would result from travelling to that treatment
facility or from the delay occasioned in
travelling there.
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| Court chooses
treatment
facility
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(2) Where the court does not follow a
recommendation referred to in subsection (1),
it shall order that the offender be detained in
a treatment facility that is reasonably
accessible to the place where the accused is
detained when the hospital order is made or to
the place where the court is located.
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| Condition
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747.3 No hospital order may be made unless
the offender and the person in charge of the
treatment facility where the offender is to be
detained consent to the order and its terms and
conditions, but nothing in this section shall be
construed as making unnecessary the
obtaining of any authorization or consent to
treatment from any other person that is or may
be required otherwise than under this Act.
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| Exception
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747.4 No hospital order may be made in
respect of an offender
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| Offender to
serve
remainder of
sentence
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747.5 (1) An offender shall be sent or
returned to a prison to serve the portion of the
offender's sentence that remains unexpired
where
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| Transfer from
one treatment
facility to
another
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(2) Before the expiration of a hospital order
in respect of an offender, the offender may be
transferred from the treatment facility
specified in the hospital order to another
treatment facility where treatment of the
offender's mental disorder is available, if the
court authorizes the transfer in writing and the
person in charge of the treatment facility
consents.
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| Detention to
count as
service of
term
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747.6 Each day that an offender is detained
under a hospital order shall be treated as a day
of service of the term of imprisonment of the
offender, and the offender shall be deemed, for
all purposes, to be lawfully confined in a
prison during that detention.
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| Application of
section 12 of
Corrections
and
Conditional
Release Act
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747.7 Notwithstanding section 12 of the
Corrections and Conditional Release Act, an
offender in respect of whom a hospital order
is made and who is sentenced or committed to
a penitentiary may, during the period for
which that order is in force, be received in a
penitentiary before the expiration of the time
limited by law for an appeal and shall be
detained in the treatment facility specified in
the order during that period.
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| Copy of
warrant and
order given to
prison and
hospital
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747.8 Where a court makes a hospital order
in respect of an offender, the court shall cause
a copy of the order and of the warrant of
committal issued pursuant to subsection 747.1
to be sent to the central administration of the
penitentiary, prison or other institution where
the term of imprisonment imposed on the
offender is to be served and to the treatment
facility where the offender is to be detained for
treatment.
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Pardons and Remissions |
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| To whom
pardon may
be granted
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748. (1) Her Majesty may extend the royal
mercy to a person who is sentenced to
imprisonment under the authority of an Act of
Parliament, even if the person is imprisoned
for failure to pay money to another person.
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| Free or
conditional
pardon
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(2) The Governor in Council may grant a
free pardon or a conditional pardon to any
person who has been convicted of an offence.
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| Effect of free
pardon
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(3) Where the Governor in Council grants a
free pardon to a person, that person shall be
deemed thereafter never to have committed
the offence in respect of which the pardon is
granted.
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| Punishment
for
subsequent
offence not
affected
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(4) No free pardon or conditional pardon
prevents or mitigates the punishment to which
the person might otherwise be lawfully
sentenced on a subsequent conviction for an
offence other than that for which the pardon
was granted.
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| Remission by
Governor in
Council
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748.1 (1) The Governor in Council may
order the remission, in whole or in part, of a
fine or forfeiture imposed under an Act of
Parliament, whoever the person may be to
whom it is payable or however it may be
recoverable.
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| Terms of
remission
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(2) An order for remission under subsection
(1) may include the remission of costs
incurred in the proceedings, but no costs to
which a private prosecutor is entitled shall be
remitted.
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| Royal
prerogative
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749. Nothing in this Act in any manner
limits or affects Her Majesty's royal
prerogative of mercy.
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Disabilities |
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| Public office
vacated for
conviction
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750. (1) Where a person is convicted of an
indictable offence for which the person is
sentenced to imprisonment for two years or
more and holds, at the time that person is
convicted, an office under the Crown or other
public employment, the office or employment
forthwith becomes vacant.
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| When
disability
ceases
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(2) A person to whom subsection (1) applies
is, until undergoing the punishment imposed
on the person or the punishment substituted
therefor by competent authority or receives a
free pardon from Her Majesty, incapable of
holding any office under the Crown or other
public employment, or of being elected or
sitting or voting as a member of Parliament or
of a legislature or of exercising any right of
suffrage.
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| Disability to
contract
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(3) No person who is convicted of an
offence under section 121, 124 or 418 has,
after that conviction, capacity to contract with
Her Majesty or to receive any benefit under a
contract between Her Majesty and any other
person or to hold office under Her Majesty.
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| Application
for restoration
of privileges
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(4) A person to whom subsection (3) applies
may, at any time before a pardon is granted to
the person under section 4.1 of the Criminal
Records Act, apply to the Governor in Council
for the restoration of one or more of the
capacities lost by the person by virtue of that
subsection.
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| Order of
restoration
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(5) Where an application is made under
subsection (4), the Governor in Council may
order that the capacities lost by the applicant
by virtue of subsection (3) be restored to that
applicant in whole or in part and subject to
such conditions as the Governor in Council
considers desirable in the public interest.
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| Removal of
disability
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(6) Where a conviction is set aside by
competent authority, any disability imposed
by this section is removed.
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Miscellaneous Provisions |
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| Costs to
successful
party in case
of libel
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751. The person in whose favour judgment
is given in proceedings by indictment for
defamatory libel is entitled to recover from the
opposite party costs in a reasonable amount to
be fixed by order of the court.
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| How
recovered
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751.1 Where costs that are fixed under
section 751 are not paid forthwith, the party in
whose favour judgment is given may enter
judgment for the amount of the costs by filing
the order in any civil court of the province in
which the trial was held that has jurisdiction to
enter a judgment for that amount, and that
judgment is enforceable against the opposite
party in the same manner as if it were a
judgment rendered against that opposite party
in that court in civil proceedings.
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| 1992, c. 1, s.
58 (Sch. I,
item 16)
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7. (1) The definition ``sentence'' in section
785 of the Act is replaced by the following:
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| ``sentence'' « sentence », « peine » ou « condamnati on »
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``sentence'' includes
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(2) On the coming into force of section
747.1 of the Criminal Code, as enacted by
section 6 of this Act, paragraph (b) of the
definition ``sentence'' in section 785 of the
Criminal Code is replaced by the following:
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8. Section 810 of the Act is amended by
adding the following after subsection (4):
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| Modification
of
recognizance
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(4.1) The justice or the summary conviction
court may, on application of the informant or
the defendant, vary the conditions fixed in the
recognizance.
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9. The portion of Form 21 of the Act
under the heading ``Remarks'' is replaced
by the following:
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| Schedule I
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10. The references in a provision of the
Criminal Code set out in column I of an item
of Schedule I to a provision of the Criminal
Code set out in column II of that item are
replaced by the references set out in column
III of that item.
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CONSEQUENTIAL AMENDMENTS |
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| R.S., c. 23
(4th Supp.)
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An Act to amend the Criminal Code (victims of crime) |
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11. Section 6 of An Act to amend the
Criminal Code (victims of crime), chapter 23
of the 4th Supplement to the Revised
Statutes of Canada, 1985, is repealed.
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| 1991, c. 43
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An Act to amend the Criminal Code (mental disorder) and to amend the National Defence Act and the Young Offenders Act in consequence thereof |
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12. Sections 5 and 6 of An Act to amend the
Criminal Code (mental disorder) and to
amend the National Defence Act and the
Young Offenders Act in consequence thereof,
chapter 43 of the Statutes of Canada, 1991,
are repealed.
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| 1992, c. 20
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Corrections and Conditional Release Act |
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13. The references to a provision of the
Criminal Code set out in column II of an
item of Schedule II to this Act that are
contained in the provision of the
Corrections and Conditional Release Act set
out in column I of that item are replaced by
the references set out in column III of that
item.
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| 1992, c. 1
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Miscellaneous Statute Law Amendment Act, 1991 |
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14. Subsection 58(2) of the Miscellaneous
Statute Law Amendment Act, 1991 is
repealed.
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15. Section 13 of Schedule I to the Act is
repealed.
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