Welcome!

News Feed Item

Coming into Force of the Not Criminally Responsible Reform Act

Federal government actions leading to better protection of Canadians and their communities

OTTAWA, ONTARIO -- (Marketwired) -- 07/11/14 -- Justice Canada

Bill C-14, the Not Criminally Responsible Reform Act, came into force across Canada today. This new legislation strengthens the Criminal Code's decision-making process relating to accused persons found Not Criminally Responsible (NCR) on account of mental disorder to make public safety the primary consideration, enhance victim safety, and provide victims with a stronger voice in the process. Minister of Justice and Attorney General of Canada Peter MacKay highlighted its significance today.

Quick Facts

--  Bill C-14 ensures that public safety comes first when courts make
    decisions with respect to any accused person found NCR or unfit to stand
    trial on account of mental disorder.
--  In addition, for even greater public safety, those NCR accused persons
    who are found by a court to pose a higher risk of committing future acts
    of violence, the legislation creates a new high-risk designation
    process. Upon being designated by a court as high-risk, an NCR accused
    would be held in custody in a hospital and could not be released by a
    review board until the high-risk designation was revoked by a court.
--  Other effects of being designated as a high-risk NCR accused include a
    possible extension by the review board of the period between reviews (up
    to three years), the denial of unescorted passes into the community, and
    the condition that escorted passes could only be granted for medical
    reasons and subject to sufficient safeguards to protect public safety.
--  The legislation also enhances the safety of victims by ensuring that
    they are specifically considered when decisions are being made about
    mentally disordered accused persons; ensuring that they are notified
    when such an accused is discharged and where they intend to reside, if
    the victims so desire; and allowing for non-communication orders between
    the accused and the victim.
--  The reforms do not affect access to treatment for any mentally
    disordered accused person.
--  The Not Criminally Responsible Reform Act also amends the National
    Defence Act to ensure consistency in the mental disorder regime in the
    military justice system. Those amendments will come into force at a
    future date to be fixed by Order in Council.

Quotes

"Our Government is committed to protecting all Canadians and keeping our communities and families safe. I am very pleased to see the coming into force of another piece of legislation, introduced by this Government, to help ensure greater safety in Canada. Since the Not Criminally Responsible Reform Act was reintroduced late last year, our Government has worked quickly to put public safety first; protect Canadians from NCR accused designated as high-risk; and enhance the rights of victims by passing this legislation. Through the creation of a new high-risk designation process, this legislation ensures that NCR accused persons who meet the higher-risk threshold are no longer a threat to their victims or communities across our country."

Peter MacKay, Minister of Justice and Attorney General of Canada

Produits connexes

Fiche d'information : Loi sur la reforme de la non-responsabilite criminelle

Associated Links

Royal Assent for Bill protecting Canadians from high-risk accused persons found Not Criminally Responsible on account of mental disorder

Minister MacKay Holds Roundtable to Discuss the Not Criminally Responsible Reform Act

Government of Canada Reinstates Legislation Proposing a Safer Regime for Dealing with Accused Persons Found Not Criminally Responsible on Account of Mental Disorder

Follow Department of Justice Canada on Twitter (@JusticeCanadaEn), join us on Facebook or visit our YouTube channel.

Backgrounder

Not Criminally Responsible Reform Act

The Government of Canada is committed to standing up for victims of crime and making streets and communities safer for Canadians. The Not Criminally Responsible Reform Act will ensure that public safety comes first in the decision-making process with respect to accused persons found Not Criminally Responsible on Account of Mental Disorder (NCR). It would enhance the safety of victims and promote greater victim involvement in the Criminal Code mental disorder regime.

Brief Overview of the Criminal Code Mental Disorder Regime

The Criminal Code mental disorder regime applies to a very small percentage of accused persons. Under Canadian criminal law, if an accused person cannot understand the nature of the trial or its consequences, and cannot communicate with their lawyer on account of a mental disorder, the court will find that the person is "unfit to stand trial." Once an accused becomes fit to stand trial, they will then be tried for the offence with which they were initially charged.

If a person is found to have committed the act that constitutes an offence while lacking the capacity to appreciate what they did or know that it was wrong due to a mental disorder at the time, the court makes a special verdict of "Not Criminally Responsible on Account of Mental Disorder" (NCR). The person is neither convicted, nor acquitted.

An accused person found either unfit to stand trial or NCR is referred to a provincial or territorial review board, which decides on which type of order to make, which, depending on the circumstances, could be custody in a hospital, a conditional or absolute discharge.

Proposed Amendments to the Mental Disorder Regime

Public Safety is Paramount

The Not Criminally Responsible Reform Act includes several changes to the mental disorder regime of the Criminal Code. It explicitly makes public safety the paramount consideration in the court and the review board decision-making process relating to accused persons found to be NCR or unfit to stand trial, consistent with decisions of the Supreme Court of Canada, most recently R. v. Conway.

In addition, the Not Criminally Responsible Reform Act codifies the meaning of the phrase "significant threat to the safety of the public," which is used in the Criminal Code as the test to determine whether the review board can maintain jurisdiction and continue to supervise an accused person found to be NCR or unfit to stand trial. The Act states that, consistent with the Supreme Court of Canada's interpretation, the phrase means "a risk of physical or psychological harm to members of the public - including any victim of or witness to the offence, or any person under the age of 18 years - resulting from conduct that is criminal in nature but not necessarily violent". The codification will ensure more consistency in the application of this test.

Creating a High-Risk Designation

The legislation amends the Criminal Code to create a process for the designation of NCR accused persons as "high-risk" where the accused person has been found NCR for a serious personal injury offence and there is a substantial likelihood of further violence that would endanger the public. A high-risk designation could also be made in cases in which the acts were of such a brutal nature as to indicate a risk of grave harm to the public. Those designated as high-risk NCR accused persons cannot be granted a conditional or absolute discharge, and the designation can only be revoked by a court following a recommendation of the review board. This designation will apply only to those found NCR and not to persons found unfit to stand trial.

The legislation makes it clear that a high-risk NCR accused person will not be allowed to go into the community unescorted and that escorted passes would only be allowed for medical reasons or treatment purposes and only if a structured plan is in place to address any undue risk to public safety. Also, the review board may decide to extend the review period to up to three years for those designated high-risk, instead of annually. The high-risk NCR designation would not affect access to treatment by the accused.

Enhancing Victims' Involvement

The legislation will enhance the safety of victims and provide them with opportunities for greater involvement in the Criminal Code mental disorder regime by:

--  ensuring they are notified, upon request, when the accused is discharged
    and providing them with information regarding the accused's intended
    place of residence;
--  allowing for non-communications orders between the accused and the
    victim; and
--  ensuring that their safety is considered when decisions are being made
    about the accused person.

The Not Criminally Responsible Reform Act aims to ensure consistent interpretation and application of the law across the country. The reforms do not change the existing Criminal Code eligibility criteria for the exemption from criminal responsibility on account of mental disorder. The Not Criminally Responsible Reform Act also amends the National Defence Act to ensure consistency in the mental disorder regime in the military justice system. Those amendments will come into force at a future date to be fixed by Order in Council.

Contacts:
Mary Ann Dewey-Plante
Director of Communications
Office of the Minister of Justice
613-943-8506

Media Relations Office
Department of Justice
613-957-4207

More Stories By Marketwired .

Copyright © 2009 Marketwired. All rights reserved. All the news releases provided by Marketwired are copyrighted. Any forms of copying other than an individual user's personal reference without express written permission is prohibited. Further distribution of these materials is strictly forbidden, including but not limited to, posting, emailing, faxing, archiving in a public database, redistributing via a computer network or in a printed form.

Latest Stories
SYS-CON Events announced today that Ryobi Systems will exhibit at the Japan External Trade Organization (JETRO) Pavilion at SYS-CON's 21st International Cloud Expo®, which will take place on Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA. Ryobi Systems Co., Ltd., as an information service company, specialized in business support for local governments and medical industry. We are challenging to achive the precision farming with AI. For more information, visit http:...
As you move to the cloud, your network should be efficient, secure, and easy to manage. An enterprise adopting a hybrid or public cloud needs systems and tools that provide: Agility: ability to deliver applications and services faster, even in complex hybrid environments Easier manageability: enable reliable connectivity with complete oversight as the data center network evolves Greater efficiency: eliminate wasted effort while reducing errors and optimize asset utilization Security: imple...
High-velocity engineering teams are applying not only continuous delivery processes, but also lessons in experimentation from established leaders like Amazon, Netflix, and Facebook. These companies have made experimentation a foundation for their release processes, allowing them to try out major feature releases and redesigns within smaller groups before making them broadly available. In his session at 21st Cloud Expo, Brian Lucas, Senior Staff Engineer at Optimizely, will discuss how by using...
Transforming cloud-based data into a reportable format can be a very expensive, time-intensive and complex operation. As a SaaS platform with more than 30 million global users, Cornerstone OnDemand’s challenge was to create a scalable solution that would improve the time it took customers to access their user data. Our Real-Time Data Warehouse (RTDW) process vastly reduced data time-to-availability from 24 hours to just 10 minutes. In his session at 21st Cloud Expo, Mark Goldin, Chief Technolo...
The next XaaS is CICDaaS. Why? Because CICD saves developers a huge amount of time. CD is an especially great option for projects that require multiple and frequent contributions to be integrated. But… securing CICD best practices is an emerging, essential, yet little understood practice for DevOps teams and their Cloud Service Providers. The only way to get CICD to work in a highly secure environment takes collaboration, patience and persistence. Building CICD in the cloud requires rigorous ar...
In this strange new world where more and more power is drawn from business technology, companies are effectively straddling two paths on the road to innovation and transformation into digital enterprises. The first path is the heritage trail – with “legacy” technology forming the background. Here, extant technologies are transformed by core IT teams to provide more API-driven approaches. Legacy systems can restrict companies that are transitioning into digital enterprises. To truly become a lead...
SYS-CON Events announced today that CAST Software will exhibit at SYS-CON's 21st International Cloud Expo®, which will take place on Oct 31 - Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA. CAST was founded more than 25 years ago to make the invisible visible. Built around the idea that even the best analytics on the market still leave blind spots for technical teams looking to deliver better software and prevent outages, CAST provides the software intelligence that matter ...
SYS-CON Events announced today that Daiya Industry will exhibit at the Japanese Pavilion at SYS-CON's 21st International Cloud Expo®, which will take place on Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA. Ruby Development Inc. builds new services in short period of time and provides a continuous support of those services based on Ruby on Rails. For more information, please visit https://github.com/RubyDevInc.
When it comes to cloud computing, the ability to turn massive amounts of compute cores on and off on demand sounds attractive to IT staff, who need to manage peaks and valleys in user activity. With cloud bursting, the majority of the data can stay on premises while tapping into compute from public cloud providers, reducing risk and minimizing need to move large files. In his session at 18th Cloud Expo, Scott Jeschonek, Director of Product Management at Avere Systems, discussed the IT and busine...
As businesses evolve, they need technology that is simple to help them succeed today and flexible enough to help them build for tomorrow. Chrome is fit for the workplace of the future — providing a secure, consistent user experience across a range of devices that can be used anywhere. In her session at 21st Cloud Expo, Vidya Nagarajan, a Senior Product Manager at Google, will take a look at various options as to how ChromeOS can be leveraged to interact with people on the devices, and formats th...
Is advanced scheduling in Kubernetes achievable? Yes, however, how do you properly accommodate every real-life scenario that a Kubernetes user might encounter? How do you leverage advanced scheduling techniques to shape and describe each scenario in easy-to-use rules and configurations? In his session at @DevOpsSummit at 21st Cloud Expo, Oleg Chunikhin, CTO at Kublr, will answer these questions and demonstrate techniques for implementing advanced scheduling. For example, using spot instances ...
First generation hyperconverged solutions have taken the data center by storm, rapidly proliferating in pockets everywhere to provide further consolidation of floor space and workloads. These first generation solutions are not without challenges, however. In his session at 21st Cloud Expo, Wes Talbert, a Principal Architect and results-driven enterprise sales leader at NetApp, will discuss how the HCI solution of tomorrow will integrate with the public cloud to deliver a quality hybrid cloud e...
SYS-CON Events announced today that Yuasa System will exhibit at the Japan External Trade Organization (JETRO) Pavilion at SYS-CON's 21st International Cloud Expo®, which will take place on Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA. Yuasa System is introducing a multi-purpose endurance testing system for flexible displays, OLED devices, flexible substrates, flat cables, and films in smartphones, wearables, automobiles, and healthcare.
Companies are harnessing data in ways we once associated with science fiction. Analysts have access to a plethora of visualization and reporting tools, but considering the vast amount of data businesses collect and limitations of CPUs, end users are forced to design their structures and systems with limitations. Until now. As the cloud toolkit to analyze data has evolved, GPUs have stepped in to massively parallel SQL, visualization and machine learning.
DevOps is under attack because developers don’t want to mess with infrastructure. They will happily own their code into production, but want to use platforms instead of raw automation. That’s changing the landscape that we understand as DevOps with both architecture concepts (CloudNative) and process redefinition (SRE). Rob Hirschfeld’s recent work in Kubernetes operations has led to the conclusion that containers and related platforms have changed the way we should be thinking about DevOps and...