OTTAWA, March 29, 2004 - Today in the House of Commons, Irwin Cotler, Minister of Justice and Attorney General of Canada, introduced reforms to the Criminal Code provisions that apply to people who are not criminally responsible or unfit to stand to trial on account of mental disorder.

"We are committed to ensuring the law protects the rights of mentally disordered persons, while at the same time protecting public safety," said Minister Cotler. "For this purpose, I am proposing changes that will not only modernize the law but make it more fair and efficient, while preserving the overall framework that governs those found unfit to stand trial or not criminally responsible on account of mental disorder." said Minister Cotler.

If tried for an offence and found not criminally responsible on account of mental disorder, the accused is neither convicted nor acquitted and, as a result, is not sentenced. Instead, a court or Review Board determines the appropriate disposition - an absolute discharge, a discharge with conditions or detention in hospital based on several criteria set out in the Criminal Code.

The amendments include:

1) Expanding the powers of the provincial and territorial Review Boards to enhance their ability to fulfill their mandate, which is to make decisions about the detention, supervision or release of persons found unfit to stand trial or not criminally responsible on account of mental disorder;

2) Allowing victim impact statements to be read by the victim at Review Board hearings and providing Review Boards similar powers to the courts to protect the identity of victims;

3) Permitting the court to hold an inquiry and order a judicial stay of proceedings for an unfit accused who is not likely to ever become fit to stand trial and who poses no threat to public safety, when a stay is in the interests of the proper administration of justice;

4) Streamlining transfer provisions, which permit a person found not criminally responsible on account of mental disorder to be relocated from one province to another when in the best interests of rehabilitation; and

5) Repealing unproclaimed provisions from the 1992 reforms, including provisions related to maximum time limits on possible detention for persons found not criminally responsible on account of mental disorder as well as those related to the dangerously mentally disordered accused. The repeal of these provisions has been recommended by the Standing Committee and a majority of stakeholders. As these provisions were never enacted, their repeal has no effect on the laws and procedures currently governing the mentally disordered accused.

These reforms were outlined in the Government of Canada's November 2002 response to the report of the House of Commons Standing Committee on Justice and Human Rights (Review of the Mental Disorder Provisions of the Criminal Code). The proposed amendments also reflect current case law and are consistent with the results of broad consultations by the Department of Justice over the last ten years.

The Standing Committee's report confirmed that the Criminal Code regime governing persons found unfit to stand trial or not criminally responsible on account of mental disorder, which has been in place since 1992, works well but needs some refinements.

The Department of Justice will continue to consult with provincial and territorial officials responsible for justice and mental health issues to implement the Standing Committee's
non-legislative recommendations.

The legislation is accessible through http://www.parl.gc.ca.

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Ref.:

Denise Rudnicki
Director of Communications
Office of the Minister of Justice
(613) 992-4621

Media Relations Office
Department of Justice Canada
(613) 957-4207