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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 23:22, 28 September 2020
, 23:22, 28 September 2020no edit summary
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{{REVIEWED LSLAP | date= August 14, 2020}} | |||
{{LSLAP Manual TOC|expanded = mentalhealth}} | {{LSLAP Manual TOC|expanded = mentalhealth}} | ||
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There is some discrepancy between the provinces as to whether one can be retroactively classified as a “high-risk accused”. In British Columbia, it has been found that applying a retroactive “high risk” designation to trials that occurred before the legislation came into effect is not unconstitutional (''Schoenborn'' 2015 BCSC 2254).). However, in Quebec it was decided that a retroactive application is unconstitutional (see ''R v CR'', 2015 JQ No 2448). | There is some discrepancy between the provinces as to whether one can be retroactively classified as a “high-risk accused”. In British Columbia, it has been found that applying a retroactive “high risk” designation to trials that occurred before the legislation came into effect is not unconstitutional (''Schoenborn'' 2015 BCSC 2254).). However, in Quebec it was decided that a retroactive application is unconstitutional (see ''R v CR'', 2015 JQ No 2448). | ||
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