Criminal Law: Mental Health, Fitness, and NCR Cases Overview

What is the impact of mental health issues in criminal cases?

Mental health issues are common and prevalent, affecting many criminal cases.

What does 'fitness' refer to in criminal law?

Fitness refers to the accused's mental ability to stand trial.

What does NCR stand for in the context of criminal law?

NCR stands for Not Criminally Responsible due to a mental disorder.

What is the presumption regarding mental health issues in criminal cases?

There is a presumption that the accused does not have a mental health issue, which must be proven by the accused if raised.

What section of the Criminal Code addresses fitness and NCR?

Part XX.1, sections 672.1 to 672.94.

What are the criteria for being unfit to stand trial?

An accused must be unable to conduct their defense or communicate with counsel due to a mental disorder.

What happens if an accused is found unfit to stand trial?

The case is dealt with by the Criminal Code Review Board, and the accused may return to court if found fit.

What is the definition of 'mental disorder' under the Criminal Code?

A mental disorder is defined as a disease of the mind.

What is the significance of R. v. Cooper (1980) in relation to mental disorders?

It defined 'disease of the mind' broadly, excluding self-induced states and transitory mental states.

What must the inability to appreciate the nature of an act be caused by?

It must be caused by a disease of the mind, not by external factors.

What is the legal standard for knowing an act is wrong according to R. v. Chaulk (1990)?

The test is whether the act is morally wrong, not just legally wrong.

What does it mean for an accused to not substitute their own moral code?

The accused must be unable to recognize that their act is wrong according to societal standards.

Can a psychopath qualify for the NCR defense?

No, if they are capable of knowing their acts are wrong in society's eyes, they do not qualify.

What is the role of the Crown if an accused is found unfit?

The Crown must show a prima facie case every two years to proceed with charges.

What happens if the Crown cannot prove a sufficient case for an unfit accused?

The court can stay the charge if the accused does not pose a significant threat to public safety.

What is the low test for fitness to stand trial?

It assesses whether the accused has the limited cognitive ability to participate meaningfully in proceedings.

What is required for the accused to raise the issue of NCR?

The accused must demonstrate that their mental disorder prevented them from knowing their act was wrong.

What does 'mens rea' refer to in the context of mental health issues?

Mens rea refers to the mental state or intent of the accused at the time of the crime.

What is the significance of psychiatric assessments in fitness determinations?

They are ordered by the court to evaluate the accused's mental fitness.

What is the burden of proof for the accused in fitness and NCR cases?

The burden is on the accused to prove their mental health issue on the balance of probabilities.

What is the importance of the Criminal Code Review Board?

It reviews cases of unfit accused individuals and determines their future in the legal system.

What is the difference between fitness and NCR?

Fitness pertains to the ability to stand trial, while NCR pertains to the mental state at the time of the offense.

What is the role of defense counsel in fitness cases?

Defense counsel may raise the issue of fitness if they cannot obtain instructions from the accused.

What are the consequences of being found NCR?

The accused may be treated rather than punished, as they are not held criminally responsible.

What does 'appreciating the nature and quality of the act' entail?

It involves understanding the consequences and impact of one's actions.

What is the relationship between mental disorder and the ability to feel remorse?

Inability to feel remorse does not qualify as a defense under s. 16.

What does NCR stand for in legal terms?

Not Criminally Responsible

Who can raise the NCR defence?

The defence, usually the accused.

What is the standard of proof for establishing the NCR defence?

On the balance of probabilities.

What must the defence provide to support an NCR claim?

Expert psychiatric evidence, including a psychiatric assessment.

What happens after a finding of NCR?

The case is dealt with by the Criminal Code Review Board (ORB).

What is the time frame for the ORB to make a disposition after receiving a case?

Within 45 days.

What are the three possible dispositions the ORB can make?

1. Absolute discharge, 2. Conditional discharge, 3. Detain in hospital.

What is required for an absolute discharge by the ORB?

The accused must not be a significant threat to public safety.

What is the paramount consideration for the ORB in making a disposition?

The safety of the public.

What is 'non-insane' automatism?

Automatism not resulting from a mental disorder, such as sleepwalking.

What is the outcome if the accused successfully proves automatism?

The result is NOT GUILTY.

What does section 16 of the Criminal Code define?

The NCR defence based on a disease of the mind.

In R. v. Cooper (1980), how is 'disease of the mind' defined?

Any illness or disorder impairing the human mind, excluding self-induced states.

What did R. v. Parks (1992) establish regarding sleepwalking?

Sleepwalking is considered non-insane automatism.

What must the accused establish in R. v. Stone (1999) regarding automatism?

That automatism is not from a mental disorder.

What is the role of the ORB in reviewing cases?

To ensure the disposition aligns with the current condition of the accused.

What is a conditional sentence under section 743.2?

A custodial sentence served in the community for less than 2 years.

What is the maximum duration for probation orders?

3 years.

What is a weapons prohibition order?

An order that prohibits an individual from possessing weapons.

What is a compensation order under section 783?

An order requiring the offender to compensate the victim for damages.

What is the significance of mens rea in relation to mental disorders?

Mental disorders can mitigate the level of responsibility of an offender.

What is the purpose of mental health diversion programs?

To provide rehabilitative options for less serious offences.

What does the ORB consider regarding the accused's reintegration?

The needs of the accused and their mental condition.

What is the implication of a conditional discharge?

The accused remains under supervision but lives in the community.

What is the role of expert witnesses in NCR cases?

They provide evidence regarding the mental state of the accused.

What does section 672.55 state about treatment requirements?

Disposition cannot require treatment unless the accused consents.

What does the ORB's annual review entail?

Reviewing the case to ensure the disposition is appropriate.

What is the fundamental purpose of sentencing according to s. 718?

To protect society and contribute to respect for the law and maintenance of a peaceful and safe society.

List the objectives of sentencing as per s. 718.

1. Denunciation of conduct and harm done; 2. Deterrence (general and specific); 3. Separation of offender from society; 4. Rehabilitation; 5. Reparation for harm done; 6. Promoting a sense of responsibility in offenders.

What is the fundamental principle of sentencing according to s. 718.1?

Proportionality - the sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.

What does s. 718.2(a) address?

Aggravating and mitigating circumstances of the offence or the offender.

What is the significance of s. 718.2(e) regarding Indigenous offenders?

It mandates consideration of all available sanctions other than imprisonment that are reasonable in the circumstances, particularly for Aboriginal offenders.

What does the term 'parity' refer to in sentencing principles?

s. 718.2(b) - ensuring similar sentences for similar offenders committing similar offences.

What does 'totality' mean in the context of sentencing?

s. 718.2(c) - the total sentence must be proportionate to the overall criminal conduct of the offender.

What is the purpose of the Gladue Report?

To provide judges with information about the unique systemic or background factors affecting Indigenous offenders.

When was s. 718.2(e) enacted?

1996.

What was the outcome of R. v. Gladue in 1999?

It was the first Supreme Court decision to address the over-representation of Indigenous people in the criminal justice system.

What does the Supreme Court require judges to consider in R. v. Gladue?

The unique systemic or background factors that may have contributed to the Indigenous offender's situation.

What was a key finding in R. v. Ipeelee (2012)?

It reaffirmed the principles of Gladue and emphasized the need for judges to consider the impact of colonialism on Indigenous offenders.

What are mandatory minimum sentences (MMS)?

Legally mandated minimum penalties for certain offences, such as life sentences for murder and specific firearm offences.

What does the Criminal Code allow regarding Victim Impact Statements?

Victims can provide statements describing the impact of the offence, which can be presented in various formats, including video.

What is the role of a sentencing hearing?

To determine the appropriate sentence after a guilty plea, often involving joint submissions from both the Crown and the defence.

What does the term 'deterrence' mean in the context of sentencing?

The aim to discourage the offender and others from committing similar offences in the future.

What is the significance of the term 'rehabilitation' in sentencing?

It refers to the objective of reforming the offender's behavior to prevent future crimes.

What does 'reparation for harm done' entail in sentencing objectives?

It involves compensating the victim or community for the damage caused by the offender's actions.

How has the Indigenous inmate population changed from 2009 to 2018?

The Indigenous inmate population increased by 42.8%, while the overall inmate population grew by less than 1%.

What percentage of the total Canadian population is Indigenous?

Approximately 5%.

What does 'separation of offender from society' aim to achieve?

To protect the public by removing the offender from the community.

What is the impact of systemic racism on sentencing for Black offenders as noted in R. v. Morris and R. v. Anderson?

Systemic racism can be relevant to the degree of responsibility of the offender.

What is the purpose of the sentencing principle of 'restraint'?

To ensure that sentences are not overly harsh and that alternatives to imprisonment are considered.

What does the term 'aggravating circumstances' refer to?

Factors that increase the severity or culpability of the offence.

What does the term 'mitigating circumstances' refer to?

Factors that may lessen the severity or culpability of the offence.

What is the significance of the term 'individualized sentencing'?

Sentences must be tailored to the unique circumstances of each offender and offence.