Mr. Speaker, I would like to thank the member for his question.
I listened to the member for Gatineau and, in general, I concur with what she said.
I would also like to quote the Supreme Court of Canada in its decision about the principles in this issue. The ruling states:
Treatment, not incarceration, is necessary to stabilize the mental condition of a dangerous NCR accused and reduce the threat to public safety created by that condition.
This is taken from the 1999 ruling in Winko v. British Columbia. The court also said:
By creating an assessment-treatment alternative for the mentally ill offender to supplant the traditional criminal law conviction-acquittal dichotomy, Parliament has signalled that the NCR accused is to be treated with the utmost dignity and afforded the utmost liberty compatible with his or her situation. The NCR accused is not to be punished. Nor is the NCR accused to languish in custody...as was once the case.
We must remember that the accused who is not criminally responsible has not been found guilty or acquitted of any crime. These people have been declared not criminally responsible, and therefore it is wrong to say that they are criminals. It is an insult and harmful. That is the basis for my remarks.
We should not pass legislation that clouds this important distinction and the restrictions that the Supreme Court of Canada points out in its ruling on the issue.