OTTAWA, October 8, 2004 - Irwin Cotler, the Minister of Justice and Attorney General of Canada, today introduced reforms to the laws and procedures that govern people who are found unfit to stand trial or not criminally responsible on account of mental disorder.

"This legislation is about modernizing the law so that it protects the rights of mentally disordered persons and ensures that they are treated fairly, while at the same time safeguarding public safety," said Minister Cotler.

Under existing law, when a person is 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 Review Board continues to monitor and review the disposition, making any necessary changes, until such time as the accused is absolutely discharged.

The proposed amendments include expanding the powers of review boards 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. They include expanding the options available to police to improve the enforcement of orders made by the court or Review Board, streamlining provisions governing the transfer of the accused person and addressing the situation of an accused person who may never be able to be tried.

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). In addition, the amendments respond to the case law, including the decision of the Supreme Court of Canada in Demers, which called for provisions to address the permanently unfit accused who does not pose a significant threat to public safety.

The Department of Justice continues 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.:

Mylène Dupéré
Press Secretary
Office of the Minister of Justice
(613) 992-4621

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