An NCR accused detained at a psychiatric hospital challenged the constitutionality of s. 672.56 of the Criminal Code, arguing that it violated s. 7 of the Charter by allowing the hospital’s person in charge to determine whether increased restrictions on liberty should trigger mandatory Review Board oversight.
The applicant argued this created a conflict of interest and reasonable apprehension of bias.
The court held that when s. 672.56 is considered within the broader statutory framework of Part XX.1, including discretionary review powers and the availability of judicial review, the scheme provides a fair process.
The notification requirement imposes a statutory duty rather than discretionary review authority.
Accordingly, the provision does not violate principles of fundamental justice.
