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  1. #46
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    Mar 2013
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    Quote Originally Posted by STANDREID View Post
    I know Canada will not normally extradite a person who is eligible for the death penalty but they did in the case of Charles Ng.
    I'm sure there is some wiggle room in the extradition laws.

    but there is no comparison here.

    Ng was an illegal immigrant who committed crimes on Canadian soil, was charged, convicted and sentenced here and served time. After his time is served - it's standard procedure to send him home. Had he come here as a refugee, fleeing the dealth penalty in the US - it might have turned out differently.

    Magnotta is a Canadian citizen who committed a crime in Canada. It has no connection to China (except that his victim was from there - but was in Canada at the time).

    China has no reason to charge him, no evidence to try him with and no claim to any extradition treaty.

  2. #47
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    Even if the death penalty was re-introduced to Canada, it would not apply to Magnotta because has been diagnosed as a paranoid schizophrenic. Canada recognizes that mentally ill people are not responsible for their actions.

  3. #48
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    Quote Originally Posted by otto View Post
    Even if the death penalty was re-introduced to Canada, it would not apply to Magnotta because has been diagnosed as a paranoid schizophrenic. Canada recognizes that mentally ill people are not responsible for their actions.
    That's not really accurate.

    Canada recognizes situations when mentally ill people are not responsible for their actions and can order permanent or temporary confinement based on whether the person is a danger to society - but that's not every situation.

    Not all mentally ill people are deemed "ncr". Mental illness, in itself, doesn't excuse criminal activity. Mentally ill people can be sentenced to prison, so long as they have access to treatment while in prison. Their illness may or may not mitigate their sentence.

    With Schizophrenia (a biological disease that manifests itself as mental impairment) - NCR is only relevant when a person commits a crime during a break with reality and because of that break with reality.

    Even then, they can be deemed dangerous to society and sentenced to a medical facility - indefinitely.

    The Canadian justice system is not permitted to knowingly release a dangerous person back into society - ever.

    http://www.statcan.gc.ca/pub/85-561-...tion-a-eng.htm
    "Courts and Review Boards

    Available Canadian studies on the criminal courts tend to focus on fitness hearings and cases involving individuals not criminally responsible on account of mental disorder, rather than the number of individuals with symptoms of mental illness who have appeared in criminal courts. As indicated earlier, not all individuals with mental illness would be found unfit to stand trial or not criminally responsible on account of mental disorder." (source link above)

  4. #49
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    Quote Originally Posted by Katie-L View Post
    That's not really accurate.

    Canada recognizes situations when mentally ill people are not responsible for their actions and can order permanent or temporary confinement based on whether the person is a danger to society - but that's not every situation.

    Not all mentally ill people are deemed "ncr". Mental illness, in itself, doesn't excuse criminal activity. Mentally ill people can be sentenced to prison, so long as they have access to treatment while in prison. Their illness may or may not mitigate their sentence.

    With Schizophrenia (a biological disease that manifests itself as mental impairment) - NCR is only relevant when a person commits a crime during a break with reality and because of that break with reality.

    Even then, they can be deemed dangerous to society and sentenced to a medical facility - indefinitely.

    The Canadian justice system is not permitted to knowingly release a dangerous person back into society - ever.

    http://www.statcan.gc.ca/pub/85-561-...tion-a-eng.htm
    "Courts and Review Boards

    Available Canadian studies on the criminal courts tend to focus on fitness hearings and cases involving individuals not criminally responsible on account of mental disorder, rather than the number of individuals with symptoms of mental illness who have appeared in criminal courts. As indicated earlier, not all individuals with mental illness would be found unfit to stand trial or not criminally responsible on account of mental disorder." (source link above)
    Below are examples of how mental illness is treated in the Canadian justice system. Mental illness is taken seriously, and someone with mental illness is routinely considered not responsible for their actions. Paranoid schizophrenia is far more serious than depression, so advocating the death sentence because a schizophrenic committed a very bizarre murder seems pointless.

    "McConnell remains at Alberta Hospital ... McConnell, 34, was convicted last year of manslaughter in the drowning deaths of her two young sons, 10-month-old Jayden and Connor, 2-1/2, in their Millet home sometime between Friday, Jan. 29 and Monday, Feb. 1, 2010. The children’s bodies were found inside the home by their father after Allyson McConnell jumped off an Edmonton overpass in an apparent suicide attempt.

    She was convicted of manslaughter after a trial last year, where Justice Michelle Crighton concluded the depressed mother may not have had the requisite level of intent for murder.

    McConnell was sentenced to six years on each manslaughter charge, with the sentences running concurrently. The prison term was reduced to a 15-month jail sentence, given the time McConnell had already spent at Alberta Hospital after her arrest."

    http://www.edmontonjournal.com/news/...883/story.html


    "Greyhound bus killer Vince Li is now allowed to go on short, escorted outings from the Manitoba mental hospital where he has been committed.

    Li, who has schizophrenia, was sent to the Selkirk Mental Health Centre after being found not criminally responsible of beheading Tim McLean, 22, a fellow passenger on a Greyhound bus near Portage La Prairie, Man., in July 2008."

    http://www.huffingtonpost.ca/2012/05...n_1525555.html

  5. #50
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    Quote Originally Posted by LadyL View Post
    it's state-sanctioned murder IMO

    if it's abhorrent & illegal for the population to do it, why is it then ok for the government to do it?

    I think Bernardo, Williams, Rafferty and a whole host of others deserve to die by firing squad but I'm not willing to give my government free reign to make that decision

    especially when I consider the innocent people who have been convicted of murder - Guy Paul Morin is one such case
    I love your post.
    Don't take yourself so seriously... nobody else does.

  6. #51
    Join Date
    Mar 2013
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    Canada
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    Quote Originally Posted by otto View Post
    Below are examples of how mental illness is treated in the Canadian justice system. Mental illness is taken seriously, and someone with mental illness is routinely considered not responsible for their actions. Paranoid schizophrenia is far more serious than depression, so advocating the death sentence because a schizophrenic committed a very bizarre murder seems pointless......

    I never have - and never will advocate for a death sentence (for anyone).

    My responses were mainly to an earlier poster who wondered if Magnotta was "faking it" (which simply can't be done with schizophrenia) and if that means he can be released.

    I believe we are quite in agreement that cases where a defendant really wasn't criminally responsible - the justice system holds them ncr.

    Doesn't appear that this will be the case with Magnotta - as the trial is proceeding on a 1st degree murder charge.

    With Li - his case did not proceed. He was treated (though he wanted to die when he was being treated after realizing what he had done). Li is able to leave the facility he's in from time to time with supervision because, on medication, he's not deemed a danger or risk to anyone.

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