Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Minister and Review Board entitled to access

• 672.69 (1) The Minister and the Review Board are entitled to have access to any dual status offender in respect of whom a placement decision has been made, for the purpose of conducting a review of the sentence or disposition imposed.

• Marginal note:Review of placement decisions

  (2) The Review Board shall hold a hearing as soon as is practicable to review a placement decision, on application by the Minister or the dual status offender who is the subject of the decision, where the Review Board is satisfied that a significant change in circumstances requires it.

• Marginal note:Idem

  (3) The Review Board may of its own motion hold a hearing to review a placement decision after giving the Minister and the dual status offender who is subject to it reasonable notice.

• Marginal note:Minister shall be a party

  (4) The Minister shall be a party in any proceedings relating to the placement of a dual status offender.

Marginal note:Notice of discharge

• 672.7 (1) Where the Minister or the Review Board intends to discharge a dual status offender from custody, each shall give written notice to the other indicating the time, place and conditions of the discharge.

• Marginal note:Warrant of committal

  (2) A Review Board that makes a placement decision shall issue a warrant of committal of the accused, which may be in Form 50.

Marginal note:Detention to count as service of term

• 672.71 (1) Each day of detention of a dual status offender pursuant to a placement decision or a custodial disposition shall be treated as a day of service of the term of imprisonment, and the accused shall be deemed, for all purposes, to be lawfully confined in a prison.

• Marginal note:Disposition takes precedence over probation orders

  (2) When a dual status offender is convicted or discharged on the conditions set out in a probation order made under section 730 in respect of an offence but is not sentenced to a term of imprisonment, the custodial disposition in respect of the accused comes into force and, notwithstanding subsection 732.2(1), takes precedence over any probation order made in respect of the offence.

Marginal note:Grounds for appeal

• 672.72 (1) Any party may appeal against a disposition made by a court or a Review Board, or a placement decision made by a Review Board, to the court of appeal of the province where the disposition or placement decision was made on any ground of appeal that raises a question of law or fact alone or of mixed law and fact.

• Marginal note:Limitation period for appeal

  (2) An appellant shall give notice of an appeal against a disposition or placement decision in the manner directed by the applicable rules of court within fifteen days after the day on which the appellant receives a copy of the placement decision or disposition and the reasons for it or within any further time that the court of appeal, or a judge of that court, may direct.

• Marginal note:Appeal to be heard expeditiously

  (3) The court of appeal shall hear an appeal against a disposition or placement decision in or out of the regular sessions of the court, as soon as practicable after the day on which the notice of appeal is given, within any period that may be fixed by the court of appeal, a judge of the court of appeal, or the rules of that court.