Mr. Speaker, it is my pleasure to rise today to speak in support of Bill C-10 and to encourage all members of the House to support these reforms and agree to a prompt review by the appropriate parliamentary committee.
These reforms may be familiar to hon. members who participated in the Standing Committee on Justice and Human Rights when they did their review of mental disorder provisions of the Criminal Code in 2002. These reforms have benefited from and reflect the committee's input.
The criminal law governing persons found not criminally responsible on account of mental disorder and those found unfit to stand trial is not well-known. I would suggest that many people misunderstand the law. There remains a perception that a person who commits an offence and is found not criminally responsible gets away with the crime. This is simply not the case.
Part XX.1 of the Criminal Code governs mentally disordered accused. This part includes the legal and procedural rules governing persons found not criminally responsible on account of mental disorder and those found unfit to stand trial.
Some sections in Part XXI are complex, interconnected and very technical. However, this part of the Criminal Code provides a comprehensive regime to ensure fair and effective supervision and treatment of mentally disordered accused and the protection of public security.
The reforms in Bill C-10 would improve Part XX.1 of the Criminal Code by providing new powers for review boards that bear the responsibility for determining the accused's disposition or discharge, ensuring that the permanently unfit accused do not languish in the justice system, expanding the role of victims of crime, and clarifying several confusing and misinterpreted provisions, just to name a few of the amendments.
In considering Bill C-10, it is important that all members appreciate who these amendments affect. These reforms apply to persons found unfit to stand trial and persons found not criminally responsible on account of mental disorder.
“Unfit to stand trial” is defined in the Criminal Code as unable on account of mental disorder to conduct a defence at any stage of the proceedings before a verdict is rendered or to instruct counsel to do so.
The accused is also unable to understand the nature, object or possible consequences of the proceedings, or to communicate with counsel. Essentially, this means that the accused does not understand what is going on, because of a diagnosis of mental disorder.
Where a person is found to be unfit to stand trial, the prosecution, that is the trial, cannot proceed and the accused will be dealt with by the review board until the accused is found fit and can be tried.
An inquiry must be held two years after the verdict of unfitness and every two years thereafter until the accused is either acquitted or tried, to decide whether there is still sufficient evidence to put the accused on trial.
The court may also order treatment for the accused for up to 60 days based on medical evidence that the proposed treatment will make the accused fit to stand trial without risk of harm to the accused and that without the treatment the accused will likely remain unfit to stand trial.
For a verdict of not criminally responsible, which is an exemption from criminal responsibility by reason of mental disorder, it must be shown that the accused was suffering from a mental disorder at the time of the offence when it was committed that rendered him or her incapable of either appreciating the nature and quality of the act or omission, or of knowing that it was wrong.
Mental disorder is defined in the Criminal Code as a disease of the mind. The trial judge must determine, based on psychiatric evidence, what constitutes a disease of the mind or mental disorder. This verdict and the legal test that is applied dates back to the M'Naghten rules established in the mid-1800s.
Where a person is tried for an offence and found not criminally responsible on account of mental disorder, the person is neither convicted nor acquitted. This is a special verdict with unique consequences. Once found not criminally responsible on account of mental disorder, the accused is not sentenced because of course the person is not convicted.
The court or a review board, which is a special tribunal, will determine the proper disposition for the accused in accordance with the criteria set out in the Criminal Code. For example, some accused who pose a high risk will be detained in a psychiatric hospital. Others may live in the community with strict conditions. The review board will continue to monitor and review the disposition, making any necessary changes until such time as the accused can be absolutely discharged.
Review boards are made up of officials appointed by their provincial government to administer Part XX.1 provisions of the Criminal Code governing persons found unfit to stand trial or not criminally responsible of account of mental disorder, and their supervision.
Guided by several criteria set out in the Code or based on case law, boards determine how the accused should be supervised, for example whether housed in a psychiatric hospital, living in the community with conditions, such as periodical hospital appointments, or absolutely discharged.
Bill C-10 amendments will expand the statutory powers of the review board, including to permit the review board: to order assessments of the mental condition of the accused; to adjourn their hearings for up to 30 days; to convene a hearing on their own motion; to compel the accused to appear at a hearing by issuing a summons or warrant; to extend the annual hearing from 12 months to 24 months on the consent of the accused and Crown and, in limited circumstances, for persons in custody in hospital who have committed serious personal violent offences; and to recommend to the court to inquire into the status of a permanently unfit accused.
I could continue to highlight the many essential reforms in the bill, but our goal today is to ensure that the bill is reviewed again and as soon as possible by a committee so the House can move forward with speedy passage.
I have mentioned only a few of the features of the bill and provided the backdrop for these reforms. Canada should be very proud of our criminal law that governs mentally disordered accused. Hon. members are faced with many justice related issues that highlight the need to balance public safety and individual rights. This is an onerous responsibility but is one we have discharged very well in the legislation governing the mentally disordered accused.
I encourage all hon. members of the House to support these reforms.