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Difference between revisions of "Mental Health and the Criminal Code (14:IX)"
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Mental Health and the Criminal Code (14:IX) (view source)
Revision as of 22:30, 10 October 2022
, 22:30, 10 October 2022→C. Disposition Hearings After NCRMD
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Two Supreme Court of Canada cases considered the “least onerous and least restrictive” requirement of s 672.54. In [https://www.canlii.org/en/ca/scc/doc/2004/2004scc21/2004scc21.html?resultIndex=1 ''Pinet v St Thomas Psychiatric Hospital'', 2004 SCC 21], it was held that the “least onerous and least restrictive” requirement applies not only to the bare choice among the three potential dispositions – absolute discharge, conditional discharge or custody in a designated hospital, but also to the particular conditions forming part of that disposition. In [https://www.canlii.org/en/ca/scc/doc/2004/2004scc20/2004scc20.html?resultIndex=1 ''Penetanguishene Mental Health Centre v Ontario (Attorney General)'', 2004 SCC 20], the court decided that this applied not only to the choice of the order, but also to the choice of appropriate conditions attached to the order, consideration of public protection, and maximisation of the accused’s liberties. | Two Supreme Court of Canada cases considered the “least onerous and least restrictive” requirement of s 672.54. In [https://www.canlii.org/en/ca/scc/doc/2004/2004scc21/2004scc21.html?resultIndex=1 ''Pinet v St Thomas Psychiatric Hospital'', 2004 SCC 21], it was held that the “least onerous and least restrictive” requirement applies not only to the bare choice among the three potential dispositions – absolute discharge, conditional discharge or custody in a designated hospital, but also to the particular conditions forming part of that disposition. In [https://www.canlii.org/en/ca/scc/doc/2004/2004scc20/2004scc20.html?resultIndex=1 ''Penetanguishene Mental Health Centre v Ontario (Attorney General)'', 2004 SCC 20], the court decided that this applied not only to the choice of the order, but also to the choice of appropriate conditions attached to the order, consideration of public protection, and maximisation of the accused’s liberties. | ||
The Review Board’s powers were considered in [https://www.canlii.org/en/ca/scc/doc/2006/2006scc7/2006scc7.html?resultIndex=1 ''Mazzei v BC (Director AFPS)'', | The Review Board’s powers were considered in [https://www.canlii.org/en/ca/scc/doc/2006/2006scc7/2006scc7.html?resultIndex=1 ''Mazzei v BC (Director AFPS)'', 2006 SCC 7]. It has the power to place binding orders and conditions on any party to the Review Board hearing, including the director of the psychiatric hospital. The Review Board does not prescribe or administer treatment, but may supervise and require reconsideration of treatment provided. Treatment is incidental to the objectives and focus on public safety and reintegration, and the Review Board aids in only these two goals. | ||
For information on pleading “Mental Disorder” and “Non-Mental Disorder” automatism, please consult the Continuing Legal Education Society’s course “Criminal Law and Mental Health Issues”. | For information on pleading “Mental Disorder” and “Non-Mental Disorder” automatism, please consult the Continuing Legal Education Society’s course “Criminal Law and Mental Health Issues”. | ||
