EVERS v. BRITISH COLUMBIA - British Columbia Review Board

2009 BCCA 560 Evers v. British Columbia (Adult Forensic Psychiatric Services)
...
(iii) in order to hear, in the absence of the accused, evidence, oral or written
submissions, or the cross-examination of any witness concerning whether grounds exist
for removing the accused pursuant to subparagraph (ii).
(13.1) The Review Board may adjourn the hearing for a period not exceeding thirty days if necessary for the
purpose of ensuring that relevant information is available to permit it to make or review a disposition or for any
other sufficient reason.
672.54 Where a court or Review Board makes a disposition under subsection 672.45(2) or section 672.47
or 672.83, 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.
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.
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.
672.63 A disposition shall come into force on the day on which it is made or on any later day that the court
or Review Board specifies in it, and shall remain in force until the Review Board holds a hearing to review the
disposition and makes another disposition.
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.
http://www.courts.gov.bc.ca/jdb-txt/CA/09/05/2009BCCA0560.htm (20 of 22) [2009-12-10 3:01:43 PM]