Mr. Speaker, thank you for giving me the opportunity to speak to Bill C-54. The bill amends the mental disorder regime in the Criminal Code and the National Defence Act to specify that public safety comes first in the decision-making process. The bill creates a mechanism for ensuring that certain persons who have been found not criminally responsible on account of mental disorder can be designated as high-risk accused. It also promotes the greater involvement of victims in the regime.
I will come back to the reasons why we must discuss the bill today. Recently, a number of very high-profile cases involving very serious offences, where the accused was declared not criminally responsible, have brought the issue to the forefront. In Quebec, there was the case of Guy Turcotte, a man who killed his two young children. This story shocked people, not just because of the violence of the act, but also because of the verdict. Even though this man obviously committed the act, he was declared not criminally responsible.
First and foremost, we want to determine how we can better help the victims in such situations. As with a number of other cases, the Turcotte case planted doubt in the minds of many people as to the effectiveness of the current approach to criminal responsibility. It is especially important to restore public confidence in the administration of justice.
According to his psychiatrist, the anger of a certain segment of the population with respect to this situation is due to a lack of understanding of how the mental disorder review board works. I would therefore like to make a few comments about the nature of the current process. First, we must reassure viewers by pointing out that the mental disorder regime in the Criminal Code applies only to a very small percentage of accused persons. It is not as if it applies to every accused person.
If an accused cannot understand the nature or the consequences of the trial and cannot communicate with his lawyer on account of a mental disorder, the court can find the person unfit to stand trial. Obviously, if that person can stand trial later, the case will be heard by a court at that time.
There is another possibility, but that would apply during the trial. If a person is found to have committed the act that constitutes an offence, but lacked the capacity to appreciate the seriousness of what they did, the court can make a special verdict of not criminally responsible. Note that they are neither convicted, nor acquitted.
A person found either unfit to stand trial or not criminally responsible for reasons of mental disorder is referred to a provincial or territorial review board, which reviews the person's situation and can make one of three possible decisions: if the person does not pose a significant threat to public safety, an absolute discharge; a conditional discharge; or, detention in custody in a hospital.
Bill C-54 would amend the Criminal Code to clarify certain provisions in the mental disorder regime and make public safety the paramount consideration in the court and the provincial review board decision-making process. The bill would amend the Criminal Code to create a process for the designation of not criminally responsible accused persons as high risk where the person was accused of a serious personal injury offence and there is a substantial likelihood for further violence that would endanger the public. Those persons would not be granted a conditional or absolute discharge, which means they would be detained in custody in a hospital. The designation could only be revoked by the court following a recommendation of the review board.
A high-risk not criminally responsible accused person would not be allowed to go into the community unescorted, and escorted passes would only be allowed in narrow circumstances and subject to sufficient conditions to protect public safety. The review board may decide to extend the review period to up to three years for those designated high risk, instead of annually.
The bill is also designed to enhance the safety of victims by allowing them to be more involved in the process. It is designed to ensure that victims are notified, upon request, when the accused is discharged. It also allows non-communication orders between the accused and the victim and ensures that the safety of victims is considered when decisions are made about an accused person.
The NDP agrees that public safety needs to be protected, as long as the rule of law and the Canadian Charter of Rights and Freedoms are upheld. We believe that these changes are desirable, but we need to ensure that they will allow us to deal effectively with accused individuals who are mentally ill.
According to an estimate from the justice department, Criminal Code offences in Canada cost more than $31 billion. Of that, nearly half is directly absorbed by the victims. We are talking about more than $14 billion a year. That is huge. That is the cost of medical care, hospitalization, lost wages, school absences and stolen or damaged property.
In addition to the direct victims, people close to the victims also suffer harm. It is estimated that the various costs reach $2.1 billion for third parties. Those costs are even higher if we take into consideration intangible costs such as lost productivity over a lifetime, mental health costs, psychological effects on other family members and so on. We are talking about nearly $70 billion.
Each year, crime costs Canadian taxpayers' approximately $100 billion, although we need to remember that those are just estimates. However, they give us an idea of the impact that crime can have on society as a whole.
I would like to talk more about Guy Turcotte because his is probably the best-known and highest-profile case, at least in Quebec. As I was saying, Mr. Turcotte was found not criminally responsible by the court that tried his case. The review board decided that he could leave the psychiatric facility under certain conditions. The team of psychiatrists working on his case agreed. He is no longer sick or a danger to society.
His former partner, Isabelle Gaston, is still fighting to change the system. I would like to share her words with the House, as someone else did earlier.
Even if I devote my time to changing the justice system, if ministers, deputy ministers, the Barreau and the Collège des médecins do not change their ways, then injustices like this one will continue.
The NDP supports the aim and the spirit of this bill. That is why we will vote at second reading to study it further in committee. Still, some things need to be clarified. Even though we agree for the time being, we are concerned that the proposed changes might be mere window dressing.
Allow me to explain. The most significant change contemplated in Bill C-54 is that review boards will have to make public safety the paramount consideration in their decision-making process. The fact is, they already consider public safety, so I do not see what real difference this bill will make.
There are other legitimate questions we should be asking. Were mental health experts and other stakeholders in the system consulted, or did the government work with them to ensure that this new approach is the best one? Will the government set aside additional funding for the provinces and territories to cover the cost of the review boards' new responsibilities? I do not believe so. Will additional measures be implemented to support victims? We have not heard anything about that either.
Nevertheless, the NDP and I are open to the proposed changes. We will support this bill at second reading so that the committee can study it further.