Department of Justice
www.justice.gc.ca
Common menu bar links
LEGISLATION TO REFORM MENTAL DISORDER LAWS RECEIVES ROYAL ASSENT
OTTAWA, May 19, 2005 - Irwin Cotler, Minister of Justice and Attorney General of Canada, today announced that legislation to reform the mental disorder provisions in the Criminal Code received Royal Assent.
“We are committed to fair and effective law reform that both protects public safety and safeguards the rights of accused persons. The mentally ill who come into conflict with the law are among the most vulnerable members of society. The passage of these reforms to modernize the criminal law governing mentally disordered accused reflects and balances the twin goals of protecting public safety and providing opportunities for the treatment and rehabilitation of the accused,”
said Minister Cotler.
These reforms amend the Criminal Code provisions that apply to persons who are “not criminally responsible”
on account of mental disorder or found “unfit to stand trial”
due to their mental disorder.
The key reforms will:
- Expand the powers of provincial and territorial review boards to make decisions on the detention, suspension and release of those who, on account of mental disorder, are found not criminally responsible or unfit to stand trial;
- Allow victim impact statements to be read by the victim at review board hearings, ensure sufficient notice to victims about disposition hearings and provide Review Boards similar powers to the courts to protect the identity of victims;
- Permit the court to hold an inquiry and order a judicial stay of proceedings for an unfit accused who is not likely to ever become fit to stand trial and who poses no threat to public safety, when a stay is in the interests of the proper administration of justice;
- Streamline transfer provisions , which permit a person found not criminally responsible on account of mental disorder to be relocated from one province to another when in the best interests of rehabilitation;
- Expand options available to the police to enforce dispositions and assessment orders, including the use of summons or appearance notices to help ensure the presence of the accused at a court or Review Board hearing rather than arrest and detention; and
- Repeal unproclaimed provisions from the 1992 reforms , including provisions related to maximum time limits on possible detention for persons found not criminally responsible on account of mental disorder, referred to as “capping”, as well as those related to the dangerously mentally disordered accused.
The Minister will recommend that provisions to permit a judicial stay of proceedings for a permanently unfit accused and complementary provisions be proclaimed on June 30 and the other provisions be proclaimed in January 2006.
These reforms were outlined in the Government of Canada's November 2002 response to the report of the House of Commons Standing Committee on Justice and Human Rights (Review of the Mental Disorder Provisions of the Criminal Code). In addition, the amendments respond to case law, specifically, the decision of the Supreme Court of Canada in Demers, which called for provisions to end proceedings against a permanently unfit accused who does not pose a significant threat to public safety. This ensures that accused persons who are not dangerous will not languish in the criminal justice system unnecessarily.
- 30 -
Ref.:
