I would like to thank the committee for providing me with the opportunity to testify on Bill C-54, the not criminally responsible reform act.
My name is Chris Summerville and I've been the CEO of the Schizophrenia Society of Canada for seven years, as well as the executive director of the Manitoba Schizophrenia Society for nearly 18 years.
I am here not only on behalf of the Schizophrenia Society of Canada and all of its provincial counterparts, but also on behalf of eight national mental health organizations and Canada's largest mental health hospital, CAMH. They see the necessity of working together to minimize the negative impact of Bill C-54.
As well, I am a family member who grew up in the presence of mental illness—a brother with schizophrenia, another brother and my own father who lived with bipolar disorder. All three came into conflict with the criminal justice system due to untreated mental illness. Two of the three eventually committed suicide. I know mental illness inside and out. I could tell you of many personal traumatic horror stories due to untreated mental illness—physical, emotional, and sexual abuse.
Now let me be crystal clear. There are negative impacts and unintended consequences of this bill. Mental health and mental illness are complex, as the government is aware with its establishment of the Mental Health Commission of Canada, of which I am honoured to be a board member.
Understanding mental illness requires a commitment that will lead to overcoming barriers to treatment and recovery. Bill C-54 does little to understand mental illness in order to protect Canadians, and therefore it will not protect Canadians. It's as simple as that.
First and foremost we wholeheartedly support changes that create greater involvement for victims in the process. Without a doubt we want all victims affected by crime to be part of the process. It is our goal and desire to have fewer victims of crimes committed by, and on, people living with a mental illness, and that is why we are here today.
That being said, there are missed opportunities in this bill for victims, such as enhanced trauma-informed psychological support and services. The government has an opportunity to make changes that will result in fewer crimes being committed by people living with a mental illness. I would remind you that only 3% of people with a mental illness come in conflict with the law, let alone commit a serious crime. This means ensuring that people living with a mental illness have access to the services they need. How many times do we hear about a person living with a mental illness trying to find help before they fall through the cracks or commit a crime? Too many.
Instead of focusing on preventing the crime in the first place, Bill C-54 focuses on punitive and stigmatizing measures that undermine the purpose of the not criminally responsible designation in the first place.
We should be here today discussing a bill that would enhance mental health services for all: early identification; early intervention; and early treatment options. Mental illnesses are treatable and recovery is possible. This includes schizophrenia and psychosis.
I can honestly say it is awkward for me to be pleading with the Government of Canada to work with the mental health community on a bill about people living with mental illness. None of the nine organizations were consulted before the announcement of this bill. This should be common sense, but now I am in front of all of you today trying to make sure changes are not made that will actually jeopardize the safety of Canadians, while further stigmatizing people living with a mental illness.
Our primary request today is not to rush such an important bill, but for you to work with the mental health community in collaboration with victims. If the government chooses not to, we revert to the following recommendations to minimize unintended consequences.
Number one, remove the creation of a high-risk category based on the brutality of the crime. This is simply not evidence-based and there is no correlation between high risk and the nature of the crime and the response to treatment. We want individuals reintegrated into the community at the right time, as medically decided by the patient's health care team, which includes forensic psychologists and psychiatrists. Creating categories and labels that have no evidence behind them will prevent the patient from getting the help that he or she requires.
Number two, expand the criteria around supervised passes from “medically necessary” to “for any purposes related to the accused's treatment plan and recovery”. This would allow for easier access to treatment-related visits.
Number three, eliminate retroactivity of the bill. Again, the purpose of the NCR designation is to provide treatment for the individuals so they may recover and successfully live life in the community with the appropriate supports and services. They are patients, not criminals.
If retroactivity continues to be the goal, then retroactivity may prevent a patient on conditional discharge and anyone moving toward discharge from reintegrating into society at the right time. Holding them longer than they need to stay when having responded successfully to treatment will not only hinder their care, it will mean the longer detainment is for punitive reasons and not to protect the public or better their mental health.
Number four, include the requirement for research to evaluate the impacts of the proposed changes. Too many people, such as Dr. Crocker, have expressed their concerns over the proposed changes. To encourage transparency and accountability, research should be conducted before the bill takes effect, and if the bill is passed, certainly research after the bill takes effect.
I want to conclude by asking you to give more credit to Canadians. They want an effective, recovery-oriented working mental health system. Most Canadians fully recognize that rushing this bill is in no one's best interest. They recognize that further shaping this bill by working in partnership with mental health organizations will not jeopardize their safety because certain high-profile NCR individuals are soon to be before the review board.
If these individuals are not fully ready to be reintegrated into society, the review board will not allow it. Please give greater credit to the review boards and the medical service providers—the professional experts. Evidence shows the work they do is producing successful results. Let's not interfere with this with a bill that will not render any positive results.
Thank you.