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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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Last Updated: 2005-10-20
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