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

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