Mr. Speaker, it is a pleasure for me to rise today to speak to Bill C-10, an act to amend the Criminal Code with respect to the mental disorder provisions. I am sure, with my close proximity to the Chair, I will be able to garner your undivided attention.
This is an issue that is not unfamiliar to me in my professional capacity. The Oakridge division of the mental health centre is in my home town of Penetanguishene in the proud riding of Simcoe North. It is an issue that I have dealt with considerably in my previous life.
It is also a long-standing principle of our criminal law that persons who suffer from mental disorders do not understand the nature or quality of their acts or know that they are wrong should not be held criminally responsible.
In 1991, this Parliament implemented significant changes to modernize the act governing persons found not criminally responsible on account of mental disorder. The 1991 updates reflected the need to strike a balance between the rights of persons with mental disorder and the protection of public safety.
The updates contained in Bill C-10 share the same goals as those made in 1991. These changes seek to strike a balance between the rights of persons with mental disorder who come in conflict with the law and maintaining public safety.
It is also worth noting that the 1991 amendments called for a parliamentary review of the legislation five years following the proclamation. The Standing Committee on Justice and Human Rights conducted the required review of the legislation in the spring of 2002, as we have already heard.
The committee review was thorough and comprehensive. Thirty stakeholders made oral or written submissions, including members of the Bar and Crown attorneys, psychiatric hospital administrators, review board chairpersons, service providers and mental health advocates.
It is fair to say in general that witnesses who appeared before the committee agreed that the legislation was working very well. However, they emphasized that further refinements were needed to ensure that the law continued to work well to govern persons found unfit to stand trial and not criminally responsible on account of mental disorders.
In June 2002, the Standing Committee on Justice and Human Rights produced a report containing several recommendations, such as legislative modernization and other initiatives. The report described the need for this modernization and, in some cases, suggested specific amendments.
The standing committee report included 19 different recommendations and these key recommendations for the Criminal Code reform called for: more powers for review boards which are responsible for the monitoring and reviewing of the condition of the accused; the repeal of parts of the 1991 regime that were never proclaimed into force, including the capping provisions; streamlining the transfer of accused persons between provinces and territories; new provisions to deal with persons who are permanently unfit to stand trial; and enhanced protection for victims of crime who attend before review board hearings, for example, publication bans on the identities of these witnesses in appropriate cases and the opportunity to prepare and read a victim impact statement.
The committee also made recommendations calling for more indepth research and consultation on emerging issues, such as the appropriate standard to determine the fitness to stand trial and whether professionals other than psychiatrists should conduct these assessments. Consultations with the provincial and territorial ministers of health were also recommended to review the resources available to meet the needs of mentally disordered accused and the availability of facilities for youth.
The standing committee's thorough review of the mental disorder provisions has led to the groundwork of these reforms. Bill C-10 reflects the advice and guidance provided by the committee and all those who appeared before the committee. Bill C-10 also includes additional and necessary reforms that the committee did not specifically recommend but that complement the committee's recommendations and also reflect issues highlighted in the case law and in consultations conducted by the Department of Justice with key stakeholders over the last 10 years.
The provisions of Bill C-10 that are worth noting are very consistent with the recommendations of the committee and they deal with the new powers for the review board that exist in each province and territory to make important decisions governing mentally disordered and unfit accused. For example, review boards will be able to order an assessment of the mental condition of the accused to assist them in making the appropriate disposition for the accused, whether the accused should be discharged, held in custody in a hospital or discharged with conditions.
Other provisions are the new authority for the courts to determine whether a judicial stay of proceedings should be ordered for a permanently unfit accused who does not pose a significant threat to the safety of the public. Victim impact statements are to be read aloud by victims at review board hearings. Transfer provisions have been streamlined to permit safe and efficient transfer of a person found not criminally responsible on account of mental disorder or who is unfit for transfer from one province or territory to another. There are more options for the police to enforce disposition orders and assessment orders that take into account the need for the accused's treatment to continue. The provisions of the 1991 law that were never proclaimed, which include the capping with related dangerous mentally disordered accused provisions and hospital order provisions, have been repealed. Finally, there is a range of clarifying and procedural amendments to ensure the effective application of the goals of the law.
The bill is not a whole scale reform of the law. Rather the bill is the next step in ensuring that our laws are effective, efficient and fair in governing mentally disordered accused. These reforms are necessary and the provisions of the code have remained the same since 1991, but the case law has evolved, as has the application of the code.
The Supreme Court of Canada has stated in several recent cases, including Winko and Tulikorpi, that the code regime has two goals: protection of the rights of the mentally disordered accused, and protection of public safety. Punishment is not one of the goals because, as I indicated earlier, our law does not hold the mentally disordered accused criminally responsible.
Recently the Supreme Court of Canada held, in Demers, that our law must provide for an accused who will never be fit to stand trial and who does not pose a significant threat to public safety to have criminal proceedings terminated. Bill C-10 includes a carefully crafted approach to ensure that a court may grant a judicial stay of proceedings for a permanently unfit accused who is not dangerous, but public safety and other relevant factors must be considered. The need for these amendments was canvassed by the committee and has been confirmed and made necessary by the decision of the Supreme Court in Demers.
I expect that the Standing Committee on Justice, Human Rights, Public Safety and Civil Protection of the House of Commons will be able to consider this bill rapidly and I certainly hope that it will support these amendments so that members of the former Standing Committee on Justice, Human Rights, Public Safety and Civil Protection can see the implementation of their recommendations.
The ultimate goal of this bill is a speedy ratification by this House and I wish that all members will support the amendments.