Response to the 14^th Report of the Standing Committee on Justice and Human Rights

Review of the Mental Disorder Provisions of the Criminal Code

November 2002

TABLE OF CONTENTS

• INTRODUCTION
• FOREWARD
• DEFINITIONS
  • Mental Disorder (section 16)
  • Automatism (section 2)
  • Fitness to Stand Trial / Unfitness (section 2)
• COURT AND REVIEW BOARD POWERS
  • Fitness to be Sentenced
  • Permanently Unfit Accused
  • Victim Participation – Notification of Rights
  • Publication Bans to Protect Third-Party (Victim) Privacy Interests
  • Oral Presentation of Victim Impact Statement
  • Enforcement of Dispositions – Detention and Creation of Offence for Breach
• COURT AND REVIEW BOARD PROCEDURE
  • Qualifications of those who Conduct Fitness Assessments
  • The Role of the Crown (Attorney General) as Representing the Public Interest
  • Transfers of Youth to Other Forensic Facilities And interprovincial transfers of mentally disordered accused
• UNPROCLAIMED PROVISIONS
  • Repeal of Capping
  • Repeal of DMDA
  • Repeal of Hospital Orders
• SYSTEMIC ISSUES
  • Resources to address the needs of mentally disordered accused and mentally disordered offenders
  • Education and awareness about the mentally ill and the application of part XX.1
  • The Need to improve data collection and research
  • Further Statutory Review of Part XX.1
• CONCLUSION