Mbshafeena
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MENTAL ILLNESS IN THE CRIMINAL CODE
Section 16(1) of the Canadian Criminal Code explains the defence of mental disorder as “No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the quality and nature of the act or omission or of knowing that it was wrong.”
Not Criminally Responsible On Account Of Mental Disorder (NCRMD)
To be found NCRMD the accused must go through a court-ordered psychiatric assessment by a certified expert. It must be shown that the accused was suffering from a mental disorder at the time of the offence and therefore was incapable of appreciating the nature or quality of the act/omission and did not understand that it was wrong. *If the accused is found not criminally responsible, he/she is neither convicted nor acquitted and therefore not sentenced. Instead, the Court Review Board will decide on the most appropriate arrangement which may be 1)*absolute discharge 2)*discharge with conditions or 3)*detention in a hospital based on a set of criteria that have been set out by the Criminal Code.
Fitness to Stand Trial
The criminal justice system of Canada presumes fitness, however if the accused unable to understand the proceedings or communicate with counsel then he/she will be deemed unfit to stand trial. The Canadian Criminal Code defines ‘unfit to stand trial’ as, “unable on account of mental disorder to conduct a defence at any stage of the proceedings before a verdict is rendered or to instruct counsel to do so.” *If an individual is found to be unfit then he/she is dealt with by the Court Review Board until he/she is considered to be fit and tried. An inquiry will be held two years after the initial finding to determine if there is adequate information, this process will continue every two years until the accused is either acquitted or tried. If there is sufficient evidence that treatment will render the accused fit without causing any harm to the accused, the court may order medical treatment. This treatment, however, may not exceed a period of 60 days.
Section 16(1) of the Canadian Criminal Code explains the defence of mental disorder as “No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the quality and nature of the act or omission or of knowing that it was wrong.”
Not Criminally Responsible On Account Of Mental Disorder (NCRMD)
To be found NCRMD the accused must go through a court-ordered psychiatric assessment by a certified expert. It must be shown that the accused was suffering from a mental disorder at the time of the offence and therefore was incapable of appreciating the nature or quality of the act/omission and did not understand that it was wrong. *If the accused is found not criminally responsible, he/she is neither convicted nor acquitted and therefore not sentenced. Instead, the Court Review Board will decide on the most appropriate arrangement which may be 1)*absolute discharge 2)*discharge with conditions or 3)*detention in a hospital based on a set of criteria that have been set out by the Criminal Code.
Fitness to Stand Trial
The criminal justice system of Canada presumes fitness, however if the accused unable to understand the proceedings or communicate with counsel then he/she will be deemed unfit to stand trial. The Canadian Criminal Code defines ‘unfit to stand trial’ as, “unable on account of mental disorder to conduct a defence at any stage of the proceedings before a verdict is rendered or to instruct counsel to do so.” *If an individual is found to be unfit then he/she is dealt with by the Court Review Board until he/she is considered to be fit and tried. An inquiry will be held two years after the initial finding to determine if there is adequate information, this process will continue every two years until the accused is either acquitted or tried. If there is sufficient evidence that treatment will render the accused fit without causing any harm to the accused, the court may order medical treatment. This treatment, however, may not exceed a period of 60 days.
